Kilpatrick Townsend Partners Rich Keshian, Chad Hansen, and Will Joyner recently participated on a panel at the firm’s 2022 Small Legal Department Client Summit. They discussed “Drafting & Navigating Dispute Resolution...more
Kilpatrick Townsend Partners Rich Keshian, Chad Hansen, and Will Joyner recently participated on a panel at the firm’s 2022 Small Legal Department Client Summit. They discussed “Drafting & Navigating Dispute Resolution...more
We previously wrote about the contract defenses that businesses may rely on when an epidemic impairs contractual performance, and we recently analyzed force majeure clauses under California, Colorado, Delaware, Florida,...more
Force majeure defenses excuse performance because of an “act of God” event. Where a contract dispute arises because of the COVID-19 pandemic, force majeure defenses will likely play a key role in determining whether a failure...more
Many class actions are won or lost at the class certification stage. Because FRCP 23(c) requires a district court to determine whether a class action is to be maintained (i.e., certified) “[a]t an early practicable time after...more
A recent decision by the Western District of Michigan is indicative of the increasing trend in federal district courts to grant early motions to strike class allegations where it is obvious that a class cannot be certified....more
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
7/3/2017
/ Campbell Ewald v Gomez ,
Class Action ,
Class Certification ,
Class Representatives ,
Mootness ,
Offer of Judgment ,
Rule 67 ,
Rule 68 ,
SCOTUS ,
Settlement Offer ,
TCPA