Mootness Supreme Court of the United States

News & Analysis as of

TCPA Connect - June 2015

SPECIAL FOCUS: FCC Adopts Significant Changes to TCPA Rules - FCC Chairman Tom Wheeler’s proposal to revise the Telephone Consumer Protection Act rules passed by a 3-2 vote during yesterday’s Open Commission Meeting....more

Employment Law - June 2015

Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules - Why it matters: In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more

Supreme Court to Resolve Circuit Split on Whether Rule 68 Offer Moots Claims Prior to Class Certification Motion

On May 18, 2015, the U.S. Supreme Court granted certiorari in Campbell-Ewald Company v. Gomez (“Gomez”), potentially opening the door for the high court to resolve a split among the circuits on the issue of whether an offer...more

Supreme Court Grants Cert In U.S. Navy Texting Suit

On May 18, 2015, the United States Supreme Court granted certiorari to consider the issue of whether a proposed class action is mooted when the named plaintiff receives an offer of complete relief on his claim. See...more

Supreme Court Grants Cert. to Decide if Offer of Complete Relief Moots Case

On May 18, the Supreme Court granted certiorari to resolve a circuit split as to whether an offer of complete relief to a plaintiff seeking to represent a putative class moots the case. Campbell-Ewald Co. v. Gomez, 2015 WL...more

Supreme Court to Determine if Offer of Relief to Named Plaintiff Moots Class Action

Over the past several years, employers defending wage and other class action lawsuits have increasingly used a procedural move intended to defeat the class claim. In these cases, the employer offers complete financial and...more

Call Answered: Supreme Court to Decide if Offer of Judgment Moots TCPA Class Action and Scope of Gov’t Contractor Liability

On May 18, the U.S. Supreme Court granted certiorari in Campbell-Ewald Co. v. Gomez, a Telephone Consumer Protection Act (TCPA) class action. The case raises two related questions that are the source of frequent litigation...more

Supreme Court Ruling Could Alter Class Action Landscape

The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez, the Court will review...more

Supreme Court to decide if a TCPA class action can be mooted by a pre-certification offer of judgment

Monday, 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 brought by the recipient of a...more

Genesis Healthcare May Be Merely the First Book in Bible on Mooting Class/Collective Actions

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 open, however, the...more

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. That means that the...more

U.S. Supreme Court to Use TCPA to Determine Power of Rule 68 Offers of Judgment

Three weeks ago, the U.S. Supreme Court raised eyebrows when it granted certiorari in Spokeo, Inc. v. Robins, — S.Ct. —, 2015 WL 1879778 (Apr. 27, 2015), where it appears the Court will decide whether a consumer has...more

Supreme Court to decide whether an offer of judgment for full relief moots a named plaintiff’s class-action claims

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 review, not merely at the time...more

Supreme Court Grants Certiorari To Resolve Circuit Split As Second Circuit Holds That Offer Of Judgment Can Moot Named Plaintiffs’...

As we noted a few months ago, several pending Circuit appeals and a pending petition for certiorari to the United States Supreme Court foreshadowed that clarity might be coming to the question whether an offer of complete...more

2015 Promises to Bring Further Clarity to Whether Defendants Can Moot Class Actions by Mooting the Claims of Named Plaintiffs

The new year is off to a busy start, and it appears 2015 will bring additional Circuit-level clarity to an issue the Supreme Court left open in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013): whether an offer of...more

Can "Mooting" a Class or Collective Action Be a Sound Defense Strategy?

Procedural rules that govern lawsuits in federal court permit defendants to make an “offer of judgment,” which is a mechanism allowing a defendant to offer to settle a lawsuit....more

Federal Rule 68 and FLSA Collective Actions

In Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the Supreme Court of the United States last month ruled that an offer of judgment, which the parties agreed was sufficiently generous to satisfy the sole...more

“Picking Off” Plaintiffs in FLSA Collective Actions: Genesis HealthCare Corp. v. Symczyk

Earlier this month in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the U.S. Supreme Court held that it is permissible for defendants to “pick off” plaintiffs in FLSA collective actions. In jurisdictions that...more

Recent Supreme Court Decision Highlights Some Pitfalls of Federal Appellate Procedure

Rarely do dissenting Justices advise practitioners to ignore a majority opinion. But, because the five-Justice majority in Genesis Healthcare Corp. v. Symczyk, No. 11- 1059, 569 U.S. __ (2013), assumed without deciding an...more

United States Supreme Court Confirms that a Timely and Properly Worded Offer of Judgment May Moot a Collective Action

Last week, the United States Supreme Court confirmed what we informed readers of in our Employment Class Action Blog on February 21, 2011, "A timely and properly worded offer of judgment may moot a collective action and...more

Supreme Court Holds That "Mere Presence" Of FLSA Collective-Action Claims Cannot Save A Lawsuit Where Named Plaintiff's Individual...

Some good news for employers. In a recent 5-4 opinion, the U.S. Supreme Court held that collective-action claims brought under the Fair Labor Standards Act (FLSA) are moot when the named plaintiff has no continuing personal...more

Genesis Healthcare v. Symczyk: Nearly as Many Questions as Answers

When the petition for certiorari in Genesis Healthcare Corp. v. Symczyk was granted, it appeared that the Supreme Court was poised to resolve a clear split in the Circuits about the permissibility of “pick off” moves, at...more

The Supreme Court Holds That Employers Mooting Named Plaintiff's Claim Also Moot FLSA Collective Action

On April 16, 2012, in Genesis Healthcare Corp. v. Symczyk, No. 11-1059, the Supreme Court held that when a FLSA plaintiff's claim becomes moot prior to a conditional certification of a collective action, the entire action...more

Supreme Court Rules That Offer of Judgment to Named Plaintiff Could Moot FLSA Collective Actions

In its April 16, 2013 ruling in Genesis Healthcare Corp. v. Symcyzk, No. 11-1059, the U.S. Supreme Court decided that once the claim of a named plaintiff in a Fair Labor Standards Act ("FLSA") collective action has been...more

Supreme Court Provides Employers An Additional Tool To Limit FLSA Collective Action Allegations

On April 16, 2013, in a 5-4 decision, the United States Supreme Court held that a Fair Labor Standards Act ("FLSA") collective action may not proceed when the lone named plaintiff's individual claim becomes moot. This case...more

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