The U.S. Supreme Court’s decision in Genesis Healthcare Corp. v. Symczyk, 133 S.Ct. 1523 (2013) quickly sparked a debate over the ruling’s future impact on Federal Rule of Civil Procedure 23 class actions. In the months following the decision, federal courts have handed down conflicting rulings on the effect of a Federal Rule of Civil Procedure 68 offer of judgment, such as that in Genesis, on a pending, putative class action. Some courts have held that an offer of judgment moots a class representative’s claims, requiring dismissal of the class action, while others have held an offer of judgment alone insufficient to dismiss a case.

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