Fifth Circuit holds that an unaccepted complete offer under Rule 68 doesn't moot a class rep's claims

Hooks v. Landmark Indus., Inc., No. 14-20496 (5th Cir. Aug. 12, 2015).

This next year, the Supreme Court is set to decide whether an unaccepted but complete offer of judgment under Rule 68 moots a class representative’s individual claim and the class’s claims. There is a circuit split on this issue, and the Fifth Circuit now joins the Second, Ninth, and Eleventh Circuits—and quite recently, the Seventh Circuit—and holds that an unaccepted complete offer of judgment under Rule 68 moots neither the individual class representative’s nor the class’s claims.

It appears that Justice Kagan’s dissent in Genesis Healthcare Corp. v. Symczyk has persuaded one more appellate court.