News & Analysis as of

Offer of Judgment

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

Attorney Fee Shuffle - The Arizona Supreme Court has Imported the Fee Shifting Provision of A.R.S. § 12-341.01(A) Into Private,...

by Jaburg Wilk on

Unlike many states, Arizona has long provided for the recovery of attorney fees, albeit on a discretionary basis, in contested contract disputes. See A.R.S. § 12-341.01(A). The Arizona legislature made clear, however, that...more

The Seventh Circuit Forecloses One “Pick Off” Method Under Rule 67, But Leaves A Trail Of Crumbs For Both The Plaintiffs’ And...

Takeaway: The U.S. Supreme Court ruled in January 2016 in Campbell-Ewald Co. v. Gomez that an unaccepted Rule 68 offer of judgment has no legal effect and therefore does not serve to moot a class action. 136 S. Ct. 663...more

The Case Goes On, For Now: Seventh Circuit Holds Rule 67 Cannot Moot TCPA Class Action

by Benesch on

In January 2016, the Supreme Court issued its Campbell-Ewald v. Gomez decision and definitely ruled that Federal Rule of Civil Procedure 68 could not be used to moot the claims of a named plaintiff. Prior to that ruling,...more

“Junk Fax” Case Determined Not To Make Junk Law, Strengthens Post-Spokeo Standing and Rule 67 Mootness Arguments

by Dorsey & Whitney LLP on

In a world pushed forward by new technology, it’s a “junk fax” case that advances two case dispositive TCPA defense bar arguments: (1) a plaintiff lacks Article III standing post-Spokeo unless there is a sufficient...more

An Offer You Can Refuse

by Carlton Fields on

The Second Circuit Court of Appeals recently confronted (again) a situation where a defendant made an offer of judgment to the putative class representative to provide all of the relief available to the individual plaintiff....more

SDNY Pancakes Parties’ Attempt to Bypass Cheeks: Requires Approval of Rule 68 Settlement

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Southern District of New York recently held that parties may not settle FLSA claims without court approval through an offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure....more

No Pick-Off, No Problem: How a Pre-Certification Rule 68 Offer Survived (Twice)

by Carlton Fields on

A magistrate judge in the United States District Court for the Western District of Pennsylvania denied plaintiff’s motion to strike a Rule 68 offer of judgment served prior to class certification. The Rule 68 offer in this...more

Two Second Circuit Cases, Two Applications of Campbell-Ewald, Two Different Results, Three Weeks Apart

by Carlton Fields on

Within roughly three weeks, the Second Circuit issued two opinions applying the Supreme Court’s Campbell-Ewald Co. v. Gomez decision to class action cases involving Rule 68 offers of judgment. On February 15, 2017, in Leyse...more

Rule 68 Offer of Judgment: A Neglected Tool for Patent Infringement Defendants

Originally published in the Westlaw IP Journal - March 1, 2017. Patent litigation is expensive. According to a 2015 report by the American Intellectual Property Law Association, even an infringement suit with less than...more

The Northern District of California Seeks to Bring More Clarity to Damages with its Latest Revised Patent Local Rules

On January 17, the Northern District of California approved the latest amendments to its Patent Local Rules, which became effective immediately. Traditionally seen as a thought leader on organizing and structuring patent...more

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

The U.S. Supreme Court And Workplace Class Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

What Is An Offer of Judgment And Can It Really Lower the Cost of or Shorten Litigation?

Insurance coverage litigation today is often time consuming and expensive. Many cases include claims for “bad faith” damages, and some cases seek punitive damages. To support their allegations, litigants will usually seek a...more

It’s a Trap!! – Be Careful When Crafting Your Rule 68 Offers of Judgment

by Butler Snow LLP on

Federal Rule of Civil Procedure 68 presents a valuable settlement tool for defense attorneys. Specifically, it allows the defendant to make a pre-trial offer of judgment on specified terms, and provides for the recovery of...more

North Carolina Business Court Ruling Regarding Fees May Impact Class Action Claims

by Brooks Pierce on

North Carolina Business Court Judge Louis Bledsoe III has held that the named plaintiff must pay any defendant's costs incurred after the plaintiff rejected the defendant’s offer of judgment. This decision brings to an end...more

“Placeholder” Motions to Certify are Unnecessary after Campbell-Ewald According to South Carolina District Court

by Carlton Fields on

Relying on the Supreme Court’s 2016 opinion in Campbell-Ewald, the United States District Court for the District of South Carolina ruled that a class action plaintiff need not file a “placeholder” motion to certify to avoid a...more

DRI Class Action Seminar 2016

The Defense Research Institute (DRI) will be hosting its annual class action seminar in Washington, D.C. on July 21-22, 2016. If you haven’t been, this is the year to go. If you’ve been before, you won’t want to miss this...more

No Method to the Mootness: Ninth Circuit Rejects Allstate’s Effort to Moot Class Action Claims

On April 12, 2016, in Chen, et al. v. Allstate Insurance Co., No. 13-16816, the Ninth Circuit considered whether an unaccepted offer of judgment and tender of payment under Federal Rule of Civil Procedure 68 to fully...more

Keeping it in Court: Unaccepted Offer of Judgment Doesn’t Moot Class Claims

On April 6, 2016, the Third Circuit, in Weitzner v. Sanofi Pasteur, Inc., considered whether an offer of judgment under Federal Rule of Civil Procedure 68 moots a plaintiff’s entire action, including class claims, thereby...more

Mooting Class Actions by Offer of Judgment – Episode 2: The Ninth Circuit Strikes Back

In Campbell-Ewald v. Gomez, 136 S. Ct. 663 (Jan. 20, 2016), the Supreme Court resolved a split among courts and held that an unaccepted settlement offer of complete individual relief does not moot the plaintiff’s lawsuit. ...more

Pulido v. AAA Insurance, Defense Verdict Obtained by Jones Skelton & Hochuli

Michael Halvorson and David Potts, attorneys at Jones, Skelton & Hochuli, obtained a defense verdict in favor of AAA Members Insurance Company in a two-week trial concerning a pedestrian-vehicle accident near Pinnacle High...more

Mooting Plaintiff’s Class Action Even After Plaintiff Refuses An Offer Of Judgment

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. Ct. 663 (2016), the U.S....more

National Credit Union Administration Board Accepts UBS Securities LLC Offer of Judgment

On February 25, the National Credit Union Administration Board (“NCUA”) accepted an offer of judgment tendered by UBS Securities LLC (“UBS”) in the amount of $33,014,285 plus prejudgment interest, which will be calculated by...more

New York Federal Court Rejects First Attempt Since Campbell-Ewald to Moot Class Plaintiffs’ Claims

In Campbell-Ewald v. Gomez, __ S.Ct. __ (Jan. 20, 2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief did not moot a class plaintiff’s claim or require dismissal of the action. ...more

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