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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)


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