United States Ninth Circuit

The district court's dismissal of plaintiff’s individual claims is vacated and remanded, where: 1) an unaccepted Fed. R. Civ. P. 68 offer of judgment made by the defendant did not render moot plaintiff's claims for misrepresentation, breach of contract, and breach of the implied covenant of good faith and fair dealing; and 2) an unaccepted Rule 68 offer that would fully satisfy a plaintiff's claim is insufficient to render the claim moot.

Appellate Information

• Decided 10/04/2013
• Published 10/04/2013

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel