Ballard RN Center, Inc. v. Kohll’s Pharmacy & Homecare, Inc.

In putative class action, Plaintiff complained of Defendant pharmacy's unsolicited sending of over 4,000 faxes advertising flu shots. The mooting of the named Plaintiff's claim in a class action by the Defendant's satisfying the claim does not moot the action so long as the case has been certified as a class action, or so long as a motion for class certification has been made and not ruled on, unless the movant has been dilatory. Defendant's tender of relief, partial or otherwise, after Plaintiff filed its class certification motion, could not render moot any part of Plaintiff's pending action. (GARMAN, FREEMAN, THOMAS, KARMEIER, BURKE, and THEIS, concurring.)