Case Citator › Weiss v. Regal Collections

Weiss v. Regal Collections

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Third Circuit
Citation
385 F.3d 337
Decided
Confirmed treatments
2
Flagged citations read
38 of 38
Citing cases (total)
38
Treatment dates
2015–2016
Overruled in part
A reviewed court has overruled part of this case’s holding. Weiss v. Regal Collections has been overruled in part: the 2 confirmed treatments are listed below. The Supreme Court displaced its rule that an unaccepted offer of complete individual relief can moot a plaintiff's claim.
More on how this was screened

The Third Circuit later reaffirmed Weiss's separate rule protecting a putative class action from an attempt to end it by resolving the named plaintiff's claim. All 38 flagged citations have been read.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

38 later cases cite Weiss v. Regal Collections; 38 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Weiss v. Regal Collections?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in Part

  • The Supreme Court overruled Weiss's rule that an unaccepted offer of complete relief can moot an individual claim.

    Campbell-Ewald Co. v. Gomez · Supreme Court of the United States · filed

    We hold today, in accord with Rule 68 of the Federal Rules of Civil Procedure, that an unaccepted settlement offer has no force. ... Weiss v. Regal Collections , 385 F. 3d 337 , 340 (CA3 2004) (holding that an unaccepted offer can moot a plaintiff’s claim).
    Read the full opinion on CourtListener →

Declined to Follow

  • The district court rejected Weiss's premise that an unaccepted Rule 68 offer moots an individual claim.

    Johnson v. Collecto, Inc. · D. Minn. · filed

    Weiss v. Regal Collections, ... (“An offer of complete relief will generally moot the plaintiffs claim, as at that point the plaintiff retains no personal interest in the outcome of the litigation.”). But as Johnson correctly notes, recent case law calls into doubt the soundness of this reasoning. ... This Court, however, hears Justice Ka-gan’s message loud and clear: an unaccepted Rule 68 offer simply cannot moot a case.
    Read the full opinion on CourtListener →

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