On December 3, the U.S. Supreme Court heard oral argument in Genesis Healthcare Corp. v. Symczyk, 2012 WL 609478 (Jun. 25, 2012). As we have previously discussed, Genesis may determine a critical issue affecting class action litigation: whether a class representative may continue to pursue a class action where the defendant has offered to fully satisfy the class representative’s claims.
We previously discussed the facts and procedural posture of Genesis. In short, Genesis answered the Fair Labor Standards Act (FLSA) complaint and made a Rule 68 offer of judgment, offering to pay $7,500 to the plaintiff to satisfy all of her claims. The plaintiff had not yet moved for certification of her collective action. She refused to accept the offer.
At oral argument, counsel for Genesis argued that the Third Circuit’s decision “deprives the Defendant of the ability to free itself from litigation even when it is willing to pay complete relief to the sole Plaintiff” and admit liability via an offer of judgment.
