The Federal Circuit affirmed that Russell's individual claim had been fully satisfied by a refund of $150 despite purported claims for attorney fees and costs. Russell v. United States, 661 F.3d 1371, 1374-75 (Fed. Cir. 2011). However, based on the appellate court's interpretation of an intervening Ninth Circuit decision in Pitts, the Federal Circuit disagreed that mooting Russell's individual claim warranted dismissing his DDP class claim as moot.

The Federal Circuit affirmed that Russell's individual claim had been fully satisfied by the refund of $150 despite purported claims for attorney fees and costs. Russell v. United States, 661 F.3d 1371, 1374-75 (Fed. Cir. 2011). However, based on its interpretation of an intervening Ninth Circuit decision in Pitts, the Federal Circuit disagreed that mooting Russell's individual claim warranted dismissing the class claim as moot.

Numerous lower court decisions say the same thing—that tender of complete relief moots a claim for damages. See Radha Geismann, M.D., P.C. v. ZocDoc, Inc., 909 F.3d 534, 542 (2d Cir. 2018) (recognizing that mootness may arise when "a defendant surrenders . . . 'complete relief' " (quotation omitted)); Duncan v. Governor, 48 F.4th 195, 206 (3d Cir. 2022) (acknowledging that "claims for cash can always be mooted swiftly with payment"); Chen v. Allstate Ins. Co., 819 F.3d 1136, 1145 (9th Cir. 2016) (stating a "consistent" view that "a claim becomes moot once the plaintiff actually receives [complete relief]" (emphasis omitted)); Russell v. United States, 661 F.3d 1371, 1375 (Fed. Cir. 2011) (delivering a check mooted a claim for damages); McDermott v. United States, 95 Fed. Cl. 70, 75 (2010) (same).

, Plaintiff does not direct the Court to a case in which a court found that a tender mooted a claim when the amount of damages is in dispute. See Russell v. United States, 661 F.3d 1371, 1374-75 (Fed. Cir. 2011) (finding claim moot when the defendant provided plaintiff with more than plaintiff claimed in his interrogatory responses that he was owed); Rothe Dev. Corp., 413 F.3d at 1331 (explaining that the “tender of the entire amount of damages claimed by a plaintiff moots the damages claim” and finding case mooted when the defendant provided plaintiff with “the maximum amount claimed” in the compliant (emphasis added)); Pakovich v. Verizon LTD Plan, 653 F.3d 488, 492 (7th Cir. 2011) (finding claim moot after defendant paid plaintiff “the benefits she requested in her complaint, including the amount she was owed at the time and the proper amount going forward”); Breneisen v. Motorola, Inc., 656 F.3d 701, 706 (7th Cir. 2011) (explaining that “[o]nce the defendant offers to satisfy the plaintiff's entire demand, there is no dispute over which to litigate” (alteration in original) (emphasis