Barber v. American Airlines, Inc., 241 Ill. 2d 450

Summary

The Supreme Court of Illinois held that a putative class action became moot when American Airlines refunded the named plaintiff’s checked-baggage fee before she filed a motion for class certification. The court relied on Wheatley and rejected the appellate court’s broader “pick off” exception, while recognizing that mootness may be deferred when a class-certification motion is pending at the time of tender. The court reversed the appellate court and affirmed dismissal by the circuit court.

Holdings

1. Under Wheatley, when a defendant tenders and provides the named plaintiff the requested relief before the plaintiff files a motion for class certification, the named plaintiff's claim becomes moot and the putative class action may properly be dismissed.
2. When a motion for class certification has been filed and is pending when the defendant tenders full relief to the named plaintiff, the case is not moot before the circuit court decides the certification motion; the court should decide certification before addressing mootness.
3. Illinois rejects the pick-off exception insofar as it permits a putative class action to continue when the defendant tenders relief before the plaintiff files a motion for class certification.
4. Gelb is overruled because it directly contradicts Wheatley by holding that a claim is not moot when tender occurs before the filing of a motion for class certification.

Questions Presented

1. Whether a putative class action becomes moot when the defendant tenders and provides the named plaintiff all requested individual relief before the plaintiff files a motion for class certification.
2. Whether Illinois should recognize a pick-off exception allowing a putative class action to proceed when the defendant tenders relief before a motion for class certification is filed.
3. Whether the circuit court properly dismissed the complaint under section 2-619(a)(9) as moot.

Disposition

reversed