Hrivnak v. NCO Portfolio Management Inc.
In this class action, the defendants made an offer of judgment to the named plaintiff, Christopher Hrivnak, two days after removing the case to federal court and before Mr. Hrivnak had filed for class certification. NCO offered individual relief to Mr. Hrivnak but no relief to the proposed class. NCO then claimed that the case was moot and the putative class action should be dismissed because it had offered Mr. Hrivnak all the individual relief to which he was entitled. The district court held that the offer of judgment had no effect, but it granted a certificate for an interlocutory appeal. We represented Mr. Hrivnak on appeal. The Sixth Circuit ruled in Mr. Hrivnak’s favor, holding that the offer of judgment did not offer Mr. Hrivnak all the relief he sought and therefore did not render his claims or the class claims moot.