Legal Opinion
Richard Weiss, on Behalf of Himself and All Others Similarly Situated v. Regal Collections Lancer Investments, Inc
Court of Appeals for the Third Circuit
Decided September 29, 2004No. 03-4033PublishedCited by 206 opinions
1Opinion of the Court
SCIRICA, Chief Judge.
At issue is whether a putative class representative’s claim is mooted by a Rule 68 offer of judgment so as to defeat federal subject matter jurisdiction in a suit requesting class-wide relief. This appeal reflects the tension between two rules of civil procedure-Fed. R. Civ. P. 23 and Fed. R.Civ.P. 68-and whether they can be harmonized when the only individual relief requested by the representative plaintiff has been satisfied through an offer of judgment. 1 The District Court granted defendants’ motion to dismiss on grounds of mootness. We will reverse and remand.
I. Facts
2Cases cited37 opinions
- General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
- Flast v. CohenSupreme Court of the United States · 1968
- Sosna v. IowaSupreme Court of the United States · 1975
- United States Parole Commission v. GeraghtySupreme Court of the United States · 1980
- County of Los Angeles v. DavisSupreme Court of the United States · 1979
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3Cited by206 opinions
- Genesis HealthCare Corp. v. SymczykSupreme Court of the United States · 2013
- Campbell-Ewald Co. v. GomezSupreme Court of the United States · 2016
- In Re Hydrogen Peroxide Antitrust LitigationCourt of Appeals for the Third Circuit · 2009
- Courtney Douglass v. Convergent OutsourcingCourt of Appeals for the Third Circuit · 2014
- Beck v. Maximus, Inc.Court of Appeals for the Third Circuit · 2006
201 more not listed; retrieve them via the Exa API.