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SCOTUS: Offer of Judgment Does Not Moot TCPA Case
Today, in a 6-3 decision, the Supreme Court of the United States held in Campbell-Ewald Co. v. Gomez that an unaccepted settlement offer or offer of judgment does not moot a plaintiff’s case. As...
View ArticleSettlement Offer Does Not Moot Class Action
In a 6-3 decision issued today, the Supreme Court ruled that defendants cannot rely on a strategic offer of judgment to the named plaintiff to moot the claims of the putative class. After an...
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SCOTUS Ruling Removes an Important Wrench from the Defendants’ Toolbox for...
This morning the Supreme Court of the United States issued an important ruling that will affect employers’ ability to defend against a variety of lawsuits brought as class actions, including employment...
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Not Taking “Yes” for an Answer: U.S. Supreme Court Rules That Unaccepted...
On January 20, 2016, in a highly anticipated decision (see October 27, 2015 blog) that will have implications for class action practice nationwide, the U.S. Supreme Court ruled that an unaccepted offer...
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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...
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