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TCPA: the Muddled Madness Continues!
Tuesday evening, the Federal Communication Bar Association held a seminar in Washington designed to help practitioners make some sense of the ever-expanding number of class actions that have been...
View ArticleGovernment Contractor Asks U.S. Supreme Court for TCPA Relief Through...
Highlighting the intersection between government contracts, communications privacy, and class action litigation, the United States Supreme Court recently received a petition for a writ of certiorari...
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Will Supreme Court Address “Mooting” in Gomez V. Campbell-Ewald?
As we have written about in this space before, the ultimate result of the circuit split on the issue commonly known as “mooting” will be critical to the future of class actions under statutes such as...
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Supreme Court to Decide Whether Offer of Judgment Can Moot TCPA Class
Deciding to step in to resolve a splint in the Circuits, the United States Supreme Court announced today that it granted a petition for a writ of certiorari in Campbell-Ewald Co. v. Gomez, No. 14-857....
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Genesis Healthcare May Be Merely the First Book in Bible On Mooting...
In the beginning, the U.S. Supreme Court decided in Genesis Healthcare that an FLSA case is moot when the plaintiff accepts an offer of full relief. As we noted in our previous blog, the decision left...
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Supreme Court to Decide Whether an Offer of Judgment for Full Relief Moots a...
Article III of the Constitution limits the jurisdiction of the federal courts to “cases” and “controversies.” The Supreme Court has held that “‘an actual controversy … be extant at all stages of...
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Supreme Court to Decide if a TCPA Class Action Can Be Mooted by a...
Yesterday, the United States Supreme Court accepted certiorari to review the Ninth Circuit’s decision in Campbell-Eward Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), which involved a TCPA class action...
View ArticleThe “Pick Off” of Prospective Plaintiffs in Federal Practice
Does an offer of complete relief moot out a plaintiff’s claims such that there can be no case under the federal court’s judicial power under the Constitution? That question left unanswered by the U.S....
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Supreme Court Will Address Impact of Offer of Judgment in TCPA Class Actions
On May 18, 2015, the United States Supreme Court granted a petition for a writ of certiorari to address (1) whether a case becomes moot when the plaintiff receives an offer of complete relief on his...
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Is the End in Sight for Consumer Class Actions?
This week’s grant of certiorari in Gomez presents the possibility for major changes in the defense of class actions involving relatively small individual damages. Gomez filed a class action after...
View ArticleSupreme Court Grants Cert. to Consider Whether Offer of Complete Relief...
The United States Supreme Court recently granted certiorari in a Telephone Consumer Protection Act class action challenging text messages which a U.S. Navy vendor sent to recruit new sailors. In...
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TCPA “Pick Off” Play – Supreme Court to Consider Whether a Settlement Offer...
The Supreme Court will decide whether a defendant can “pick off” the named plaintiff in a Telephone Consumer Protection Act (TCPA) class action – and moot the putative class claims – by making a Rule...
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One to Watch: Does Offer of Complete Relief Moot TCPA Class Claims?
The U.S. Supreme Court granted a petition for a writ of certiorari to review the Ninth Circuit ruling in Gomez v. Campbell-Ewald Co. The Court granted certiorari to answer the following three...
View ArticleSupreme Court to Decide Class Action Issues Involving Settlement Offers to...
I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010...
View ArticleSupreme Court to Decide Two Cases Addressing Important Class and Collective...
The Supreme Court has agreed to hear two cases during its Fall 2015 term that could further transform the wage and hour class action landscape. We briefly discuss those two cases below. Gomez: The...
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Gomez is not the slam-dunk you think it is
It’s rapidly becoming conventional wisdom that Campbell-Ewald Co. v. Gomez (argued yesterday) is going to be a win for the plaintiffs. Respected academics like Robert Klonoff have stated it, and...
View ArticleCampbell-Ewald Co. V. Gomez: Thoughts On Supreme Court Oral Argument
Campbell-Ewald Co. v. Gomez was argued yesterday in the U.S. Supreme Court. It is one of several major class action cases that will be decided by the Court this Term. It presents the question of...
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Can an Offer of Judgment to the Named Plaintiff Moot a Class Action? Supreme...
Can a named plaintiff press ahead with a class action if he or she “won’t take ‘yes’ for an answer”? That colorful question, which Chief Justice Roberts asked counsel for the respondent during oral...
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Do You Have to Take “Yes” for an Answer? the Supreme Court Takes Another Look...
The Supreme Court wrestled with a thorny question on October 14, 2015 when it heard oral argument in Campbell-Ewald Co. v. Gomez, a case that we previewed previously. The transcript of the oral...
View ArticleU.S. Supreme Court Issues Decision in ‘Pick-Off’ Case
This morning the U.S. Supreme Court issued its decision in Campbell-Ewald Company v. Gomez. Here is the decision. The Court decided (6-3) that an unaccepted offer of judgment does not moot a case,...
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