Partner Robert I. Steiner discussed recent Eleventh Circuit decision on Federal Rule of Civil Procedure (FRCP) 68 in putative class action claims in Practical Law article, “Unaccepted FRCP 68 Offers of Judgment.” In Stein v. Buccaneers Limited Partnership, the Eleventh Circuit concluded that a plaintiff's individual claim is not mooted by an unaccepted Rule 68 offer of judgment, and that even a proffer that moots a named plaintiff's individual claim does not moot a class action in circumstances like those presented here, even if the proffer comes before the plaintiff has moved to certify a class. The circuit courts of appeals have long been divided over the appropriateness of using Rule 68 as a strategy to truncate a class action by mooting a named plaintiffs’ case. Without guidance from the US Supreme Court, putative class action defendants should reevaluate the efficacy of their mooting strategy.
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