Ari Weitzner v. Sanofi Pasteur Inc

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Federal Rule of Civil Procedure 68 permits defendants to serve an offer of judgment on an opposing party. The issue in this case, before us on interlocutory appeal from the denial of a motion to dismiss, is whether an unaccepted offer of judgment under Rule 68, made before a plaintiff flies a motion for class certification under Federal Rule of Civil Procedure 23, moots the plaintiffs entire action, including the putative class claims, and thereby deprives a court of federal subject-matter jurisdiction. Because the Supreme Court’s recent decision in…