Yesterday, Brian flagged an article about courts' distortions of mootness doctrine in the context of Rule 68.
Fortunately, help is on the way (at least in some circuits). For instance, the Second Circuit held this week (in a case in which Public Citizen filed an amicus brief) that an unaccepted Rule 68 offer does not moot an individual's case for relief.
The decision in Tanasi v. New Alliance Bank can be read here.