News & Analysis as of

Does an offer of complete relief moot a putative class action? US Supreme Court hears oral argument in Campbell-Ewald Co. v. Gomez

The United States Supreme Court has heard oral arguments in the much-watched Campbell-Ewald Co. v. Gomez, No. 14-857, case. The two questions presented in Gomez that are of importance to class action practice are... ...more

U.S. Supreme Court Ponders Whether an Unaccepted Rule 68 Offer Can Moot a Plaintiff’s Claims as It Hears Argument in Gomez

The U.S. Supreme Court heard oral argument in Campbell-Ewald Co. v. Gomez on October 14, 2015, an important case presenting the question of whether a defendant can defeat a class action by offering complete individual relief...more

1st Circuit weighs in on Rule 68 Mootness Issue; Laments that “Uncertainty will Reign” until Supreme Court provides Guidance on...

We’ve been watching closely as the various Circuit Courts of Appeals grapple with whether a Rule 68 offer of judgment to the named plaintiff in a putative class action can render the case moot even if the plaintiff rejects...more

Stern Revisited, Testing the Jurisdictional Authority of the Bankruptcy Courts and Beyond

In January, the Supreme Court heard oral argument in Executive Benefits Insurance Agency v. Arkison. Executive Benefits is viewed by many as the sequel to Stern v. Marshall, 131 S. Ct. 2594, 180 L. Ed. 2d 475 (2011). In...more

A Covenant Not to Sue May Avoid Invalidity Claims

Last week, in Already, LLC v. Nike, Inc. (opinion attached), the Supreme Court unanimously decided that the voluntary cessation doctrine, most often used when a defendant claims its voluntary compliance moots a case where it...more

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

In 2007, the Supreme Court in MedImmune v. Genentech broadened the scope of declaratory judgment jurisdiction, making it easier for parties fearing IP claims to bring defensive lawsuits. Last week, the Court made it easier...more

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