In a decision that gives defendants in some proposed class-action suits a silver bullet, the 3rd U.S. Circuit Court of Appeals has ruled that a defense offer of judgment under Rule 68 that provides the maximum available relief to the named plaintiff effectively moots his claim and ends the case — so long as the plaintiff has not yet moved for class certification.
“It is axiomatic that a litigation becomes moot and federal jurisdiction is lost when a dispute between the parties no longer exists or when a party loses a personal interest in the outcome of the litigation,” Senior U.S. Circuit Judge Max Rosenn wrote in Colbert v. Dymacol Inc.
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