Experience. Dedication. Results.

FLSA Collective Action Mooted By Rule 68 Offer of Judgment

Symczyk, a registered nurse, brought a collective action under the FLSA against Genesis HealthCare on behalf of herself and all other persons similarly situated.

Genesis answered the complaint, simultaneously serving upon respondent an offer of judgment under FRCP 68 for $7,500 - an amount fully satisfying Symczyk's individual claim. Symczyk failed to respond to the offer, effectively rejecting it. The U.S. Supreme Court held that because Symczyk's individual claim had became moot, the suit as a whole became moot. The case was dismissed in totality for lack of subject-matter jurisdiction because respondent had no personal interest in representing putative, unnamed claimants, nor any other continuing interest that would preserve her suit from mootness.

Genesis Healthcare Corp., et al. v. Symczyk, 133 S.Ct. 1523 (Apr. 16, 2013)

Categories

Let Us Review Your Case

Fill out the form below for a free, no-obligation evaluation of your case. Our attorneys are ready to provide the representation you need. Please note that until we have entered into a written representation agreement with you, no attorney-client relationship is established. We will nonetheless keep all information you send us confidential.

  • Please enter your name.
  • Please enter your email address.
    This isn't a valid email address.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please make a selection.
  • Please enter a message.
Why Choose The Simon Law Firm, P.C.
  • Our mission is to provide the highest-quality legal services with integrity, professionalism, and respect for our clients.

  • We handle our cases on a contingency fee basis, so you don't pay unless we recover for your case.

  • Since the firm was founded in 2000, we have obtained more than $1 billion in verdicts and settlements.

  • We have been named one of the "winningest firms" in the U.S. by The National Law Journal.