In Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013) (No. 11-1059), the Supreme Court held that when a plaintiff’s claim in a collective action is mooted, the case becomes moot. Plaintiff brought a FLSA collective action on her own behalf and on behalf of similarly situated persons. (FLSA collective actions are not class actions – the unnamed class members must opt in to participate – but they are a form of representative action.) Defendant made an offer of judgment for the amount of the plaintiff’s claim. After plaintiff failed to respond to the offer, defendant moved to dismiss the case for lack of subject matter jurisdiction. Defendant argued that because it had offered complete relief to plaintiff on her individual claim, she no longer possessed a personal stake in the outcome of the suit. Assuming, without deciding, that the unaccepted offer of judgment mooted the individual claim, the Supreme Court held that the offer mooted the case. Plaintiff’s interest in pursuing her claim on behalf of other, similarly situated plaintiffs was insufficient. Four Justices dissented, disagreeing with the assumption that the individual claim became moot upon the refusal to accept the offer of judgment. Rather, an unaccepted settlement offer or offer of judgment is a legal nullity, with no operative effect and thus, the majority should not have reached the question of whether the collective action was mooted.