Use of a Settlement Offer or Offer of Judgment On the Named Plaintiff’s Claim to Defeat a Class Action: New Seventh Circuit Decision

Commentators have questioned whether, after the Supreme Court’s decision last year in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), a defendant could, by making a settlement offer or offer of judgment on a named plaintiff’s claim, render the case moot and prevent the certification of a class.