Legal Opinion

Lucero v. Bureau of Collection Recovery, Inc.

Court of Appeals for the Tenth Circuit

Decided March 31, 2011No. 10-2122PublishedCited by 87 opinions

1Opinion of the Court

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant Richard Lucero appeals from the district court’s order dismissing his class-action complaint against Defendant-Appellee Bureau of Collection Recovery, Inc., for lack of subject matter jurisdiction based upon mootness of his individual claims. We must decide whether a class-action complaint must be dismissed for mootness upon the tender of a Fed.R.Civ.P. 68 offer of judgment for the full amount of the individual Plaintiffs monetary claim in the absence of undue delay in filing a motion for class certification. The district court felt bound by…

2Cases cited34 opinions

  1. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  2. Gerstein v. PughSupreme Court of the United States · 1975
  3. Flast v. CohenSupreme Court of the United States · 1968
  4. Powell v. McCormackSupreme Court of the United States · 1969
  5. United States v. W. T. Grant Co.Supreme Court of the United States · 1953

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3Cited by87 opinions

  1. Pitts v. Terrible Herbst, Inc.Court of Appeals for the Ninth Circuit · 2011
  2. Sebastian Richardson v. Director Federal Bureau of PriCourt of Appeals for the Third Circuit · 2016
  3. Scott McMahon v. LVNV Funding, LLCCourt of Appeals for the Seventh Circuit · 2014
  4. Bishop v. SmithCourt of Appeals for the Tenth Circuit · 2014
  5. Adams v. USAA Casualty Insurance Co.Court of Appeals for the Eighth Circuit · 2017

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