On August 12, 2015, the Fifth Circuit held that a plaintiff’s rejection of an offer of judgment does not moot the plaintiff’s claim, even if the offer provides complete relief to the plaintiff.  Hooks v. Landmark Indus., Inc., No. 14-20496 (5th Cir. Aug. 12, 2015).

The Fifth Circuit agreed with Justice Kagan’s dissent in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523, 1533 (2013) (Kagan, J., dissenting), that a rejected offer of judgment “is a legal nullity” that has no impact on whether the plaintiff retains standing to pursue his or her claim.  In doing so, the Fifth Circuit joined the Second, Seventh, Ninth and Eleventh Circuits, which have reach the same conclusion. 

A full copy of the Fifth Circuit’s decision is available here.