Avoiding Individual & Class Actions Mootness

Webinar Date: 
December 5, 2013
Focus Area: 

The law on individual and class action mootness is changing rapidly. New Supreme Court and Ninth Circuit cases undermine established precedent on the effect of offers of settlement and give you new arguments to avoid dismissal for mootness. This webinar will review these developments. Among the topics covered:

  • Which cases are likely to be mooted?
  • How to draft your complaint to avoid mootness
  • When is your case moot even though settlement offer does not include costs or fees?
  • Where is it required that judgment be part of offer? Where not?
  • Why is certification motion timing critical?
  • May I settle after certification denial?
  • Will 9th Circuit Diaz rule apply to non-rule 68 offers of judgment?
  • Does Genesis Healthcare apply to Rule 23 cases? If so, where?
  • Refusing offer -- Is it ever enough?
  • Who will give me a judgment anyway?
  • What are the 5 factors that determine if your case will be moot?
  • How the U.S. government has flip-flopped on mootness


Chandler Visher received a B.A. from Brown University in 1967 and graduated first in his class at the University of Denver School of law in 1970. After stints in private practice, and as a staff attorney for the Sierra Club, and four years as an Assistant District Attorney with the Consumer Fraud/White Collar Crime Unit of the San Francisco District Attorney's office, in 1980 Chandler started his own practice. Chandler's practice concentrates on consumer class actions. Chandler represented the plaintiff in Russell v. United States, 661 F.3d 1371 (Fed. Cir. 2011), an individual mootness decision that was so bad that the United States, which won on the individual mootness point, repudiated the holding in its amicus brief in Symczyk v. Genesis Healthcare.


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