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Unaccepted Settlement Offers: The Force is Not with You
To avoid protracted class-action litigation in federal court, defendants sometimes make Rule 68 offers of judgment to the named plaintiff to moot the case or controversy. In Genesis HealthCare Corp. v....
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Supreme Court Holds That an Unaccepted Offer of Judgment Doesn’t Moot a Class...
Article III of the Constitution limits the jurisdiction of federal courts to “cases” and “controversies.” As the Supreme Court recently explained in Genesis HealthCare Corp. v. Symczyk, a lawsuit does...
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Supreme Court Opinion in Campbell-Ewald Co. V. Gomez: Kicking the Can Down...
Today the U.S. Supreme Court decided Campbell-Ewald Co. v. Gomez, No. 14-857. The question presented was whether an unaccepted offer of full relief on the named plaintiff’s individual claim will render...
View ArticleSupreme Court Refuses to Moot TCPA Class Action, Leaving Business Open to...
The Supreme Court yesterday denied an attempt by a defendant to moot a class action under the Telephone Consumer Protection Act (TCPA), on the basis of an unaccepted settlement offer to the named...
View ArticleRinging Off the Hook: TCPA Issues Still at Forefront As Calendar Turns to 2016
We may only be three weeks into 2016, but the Telephone Consumer Protection Act (“TCPA”) has already received a considerable amount of attention this year. Yesterday, the U.S. Supreme Court determined...
View ArticleSupreme Court Weighs in On Class Action “Pick Off”, but Leaves Significant...
Yesterday, the U.S. Supreme Court eliminated a strategy defendants have used to stem the rising tide of class action lawsuits—offering the named plaintiffs in a class action lawsuit full relief,...
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Supreme Court Takes Away a Class Action Defense Tool That We Couldn’t Really...
Yesterday, the Supreme Court held in Campbell-Ewald Co. v. Gomez, No. 14-857 (U.S. Jan. 20, 2016), that when a defendant makes an offer to resolve the named plaintiff’s claim for full value, but the...
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U.S. Supreme Court Wounds Important Defense to TCPA Class Actions, Raising...
On January 20, 2016, the United States Supreme Court issued an opinion that addresses a narrow procedural point with major implications for legal risks for companies under the Telephone Consumer...
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Supreme Court Rules On Effect of Offers to Named Class Plaintiffs
The U.S. Supreme Court issued a decision earlier this week in a case raising the issue whether a defendant can cut off a Telephone Consumer Protection Act class action by making an offer of full relief...
View ArticlePick-Off Strategy Via a Rule 68 Offer of Judgment Suffers Stinging Defeat in...
An unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and class action claims said the Supreme Court on Wednesday. The decision in Campbell-Ewald Co. v....
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Campbell-Ewald Co. V. Gomez – Court Leaves Mootness Question Open
As you probably know, on Wednesday, the Supreme Court finally issued its long-awaited opinion in Campbell-Ewald Co. v. Gomez. Tammy Adkins & Helen Arnold of McGuireWoods’s Chicago office wrote up...
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Court Rules Settlement Offers Can’t Kill Class Actions
In a hotly anticipated decision, the Supreme Court yesterday refrained from permitting defendants to end class action cases by offering to make named plaintiffs whole by paying their damages before...
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Campbell-Ewald V. Gomez: Unaccepted Offers of Judgment Do Not ‘Moot’ a Claim,...
Last week, the Supreme Court issued its much anticipated decision in Campbell-Ewald Co. v. Gomez, 577 U.S. ___ (2016). In a 6-3 opinion, Justice Ginsburg, writing for the majority, held that an...
View ArticleThe Supreme Court Clarifies “Yearsley Immunity”: An Analysis of...
Though largely ignored by recent commentary, the Supreme Court’s recent Campbell-Ewald opinion significantly impacts government contractors’ ability to use the shield of derivative sovereign immunity...
View ArticleSupreme Court Says Offering to Settle Cannot Moot Class Action Suits
Last week, the US Supreme Court ruled that an offer of judgment under Federal Rule of Civil Procedure 68 made to the lead plaintiff in a class action lawsuit, in addition to a separate free-standing...
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Why the Supreme Court’s Recent Class Action Decision is Important and What...
After the Supreme Court issued its decision last week in Campbell-Ewald Co. v. Gomez (here), in at least some quarters the story about the decision spread under the heading that the Court had issued an...
View ArticlePicked Off: the Supreme Court Rejects the Mooting Effect of Unaccepted Offers...
A seemingly innocuous recruitment text message from the United States Navy has led to the official unraveling of a tactic long-used and widely-favored by defendants to escape a class action lawsuit...
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Unaccepted Offer of Judgment Does Not Moot TCPA Plaintiff’s (or Putative...
In a 6-3 decision, the U.S. Supreme Court in Campbell-Ewald v. Gomez ruled last week that an unaccepted offer of judgment under Rule 68 of the Federal Rules of Civil Procedure does not divest the trial...
View ArticleSupreme Court Holds Unaccepted Offer of Judgment Does Not Moot Claims, but...
On January 20, 2016, the United States Supreme Court issued its ruling in Campbell-Ewald v. Gomez, No. 14-857 (U.S.), in which a 6-3 majority held that “an unaccepted settlement offer or offer of...
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Defense Implications of Campbell-Ewald: The Sky is NOT Falling
On January 20, 2016, the U.S. Supreme Court issued its highly anticipated opinion in Campbell-Ewald Co. v. Gomez, ruling that an unaccepted settlement offer, or offer of judgment, without actual...
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What Does Campbell-Ewald Mean for Your Business?
A recent ruling by the United States Supreme Court held that a defendant cannot terminate a putative class action by offering the representative plaintiff complete relief, rejecting some courts’...
View ArticleFederal Rule 68 Loophole; Not So Fast, My Friend.
As we recently blogged about, in January the U.S. Supreme Court rejected the Rule 68 ‘pick off’ strategy in its Campbell-Edwald decision. The ‘pick off’ strategy’ occurs when defense counsel offers...
View ArticleNew York Federal Court Interprets Supreme Court’s Gomez Pick-Off Strategy...
Last month, we wrote about the Supreme Court’s opinion in Campbell-Ewald Co. v. Gomez, in which the Court ruled that “an unaccepted Rule 68 Offer of Judgment for complete relief does not moot a...
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Depositing Settlement Offers: Is There a Campbell-Ewald Loophole?
Like many commentators, we have noted a potential loophole in the Supreme Court’s recent decision in Campbell-Ewald Co. v. Gomez, 136 S.Ct. 663 (2016). In that case, the Court did not decide whether...
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New York Court Rules Rule 67 Deposit Cannot Be Used to Pick Off Named...
Recently, a New York court held that a putative class action defendant’s depositing of funds sufficient to cover the full amount of a plaintiff’s individual claims does not moot the plaintiff’s case...
View ArticleNew York Federal Court Ruling May Breathe New Life into Employment Class...
Is the pick-off strategy to moot class actions still alive in the Southern District of New York? Possibly. Last month we reported on Brady v. Basic Research, L.L.C. – the first decision to interpret...
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The Latest Developments in Rule 68 Law and Procedure for FLSA Actions
The recent US Supreme Court decision in Campbell-Ewald Co. v. Gomez, No. 14-587 (Jan. 20, 2016) resolved a split in holding that an unaccepted Rule 68 offer of judgment does not moot a class...
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Mooting Plaintiff’s Class Action Even After Plaintiff Refuses an Offer of...
For years, litigants have battled over whether a defendant’s offer of judgment, which completely satisfies the plaintiff’s individual claim, can moot a class action. In Campbell-Ewald v. Gomez, 136 S....
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Heading Off the Pick-Off: Ninth Circuit Slams Door On Use of Rule 68...
Handed down January 20, 2016, the Supreme Court’s decision in Campbell-Ewald Co. v. Gomez was a major blow to what class action practitioners call the pick-off strategy: using a Rule 68 offer of...
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Ninth Circuit First to Take Up Offers of Judgment After Campbell-Ewald
As we reported earlier this year in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016), the Supreme Court held that a putative class action does not become moot when a defendant merely offers a...
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