News & Analysis as of

Article III Standing Campbell Ewald v Gomez

Akin Gump Strauss Hauer & Feld LLP

Top Five Developing Issues in Class Action Litigation

Class action litigation is a rapidly developing area of the law. Here are the top five trends to keep an eye on as we approach the new year...more

Kramer Levin Naftalis & Frankel LLP

Advertising Litigation Report: Vol. 2, No. 1

Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016) - ...more

Ballard Spahr LLP

Third Circuit Follows Gomez on Mootness Issue, But Narrowly

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In the wake of the U.S. Supreme Court's holding in Campbell-Ewald Company v. Gomez that an unaccepted Rule 68 offer of complete relief does not moot a plaintiff's individual claims, the U.S. Court of Appeals for the Third...more

BakerHostetler

Supreme Court Holds Unaccepted Offers for Full Relief Do Not Moot Class Actions

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Relying on “basic principles of contract law,” the Supreme Court on Wednesday held that an unaccepted settlement offer and offer of judgment under Rule 68 are “legal nullit[ies]” that have no effect on whether a live...more

Stinson LLP

Unaccepted Settlement Offer Cannot Moot Consumer Lawsuits

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On Wednesday, January 20, in a 6-3 ruling, the U.S. Supreme Court held that an unaccepted settlement offer, or offer of judgment pursuant to Federal Rule of Civil Procedure 68, cannot moot a plaintiff's case. The ruling...more

Ballard Spahr LLP

Unaccepted Rule 68 Offer Does Not Moot a Plaintiff's Claims, U.S. Supreme Court Rules

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The U.S. Supreme Court has ruled that an unaccepted Rule 68 settlement offer does not moot a class action even when the offer would provide the named plaintiff with complete individual relief. The decision in Campbell-Ewald...more

Robinson+Cole Data Privacy + Security Insider

Supreme Court opinion in Campbell-Ewald co. v. Gomez: kicking the can down the road

Yesterday, 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 a putative class...more

Bryan Cave Leighton Paisner

U.S. Supreme Court Limits Ability of Class Action Defendants to “Pick Off” Named Plaintiffs

In recent years many defendants facing putative class action lawsuits in federal court have sought to neutralize these lawsuits by offering total relief to all named plaintiffs before the district court issues a ruling on...more

Pierce Atwood LLP

Think You Can Moot Plaintiff's Claim With a Rule 68 Offer of Judgment? Think Again

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As we have previously noted, federal appellate courts have been split on whether a defendant can moot a class action by making a Rule 68 offer of judgment, agreeing to pay all of the damages to which the named plaintiff seeks...more

Polsinelli

Breaking: Supreme Court Rules Today that TCPA Class Action Not Mooted by Unaccepted Settlement Offer to Named Plaintiff

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Today the U.S. Supreme Court ruled 6-3 that a company’s unaccepted offer of complete relief to a named plaintiff in a putative class action does not moot the plaintiff’s case. Before the ruling, authored by Justice Ruth Bader...more

Moore & Van Allen PLLC

What’s Hot in Class Actions (Part 1/3): SCOTUS on Company’s Power to Moot an Action & Congress’ Power to Create One

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Class actions consume considerable company resources and can pose significant risk of exposure in the $ millions or $ billions. Therefore, it is critical for companies to prepare themselves – to know the trends in class...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Takes On Class Actions, Again

Over recent years the United States Supreme Court has waded deep into the waters of class certification, significantly altering the playing field for class action claims. As the Supreme Court continues its 2015 session, it...more

Ballard Spahr LLP

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

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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

Pierce Atwood LLP

First Circuit Weighs In On Rule 68 Mootness Issue

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In a decision issued on August 21, 2015, the First Circuit added its voice to the recent chorus of federal appellate courts holding that an unaccepted Rule 68 offer of judgment, served before a motion for class certification...more

Robinson & Cole LLP

Supreme Court to Decide Class Action Issues Involving Settlement Offers to Named Plaintiffs, Statistical Sampling and Class Member...

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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 term, which brought us...more

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