Picked 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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