News and Insights
Rule 68 Offers of Judgment and Mootness, Especially for Collective or Class Actions
PublicationSeptember 01, 2015New York Litigator (NYSBA)
LSW partner Matt Coogan, member of the Federal Procedure Committee of the New York State Bar Association, is a principal author of this report considering the recurring question whether an unaccepted offer of judgment for complete relief renders an action moot and requires its dismissal. After examining Rule 68 of the Federal Rules of Civil Procedure and the circuit split that this question has created, the report recommends that Rule 68 be amended to allow judgment to be entered for the full amount of the unaccepted offer.