News & Analysis as of

Campbell Ewald v Gomez FRCP 23

Womble Bond Dickinson

Safe!: Putative TCPA Class Action Survives Defendant’s Attempt to Pick off the Named Class Member By Deposit

Womble Bond Dickinson on

Can a named class representative continue to represent a putative TCPA class action even after a Defendant pays the Plaintiff the highest amount he/she could possibly recover on their individual claim? That question was left...more

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

Seyfarth Shaw LLP

The U.S. Supreme Court And Workplace Class Actions

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

Carlton Fields

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

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

Littler

The Supreme Court Rules an Unaccepted Offer of Judgment Cannot Moot a Case, But What About Payment of Complete Relief?

Littler on

A divided U.S. Supreme Court recently ruled in Campbell-Ewald Co. v. Gomez that an unaccepted settlement offer or offer of judgment is a legal nullity that cannot moot a case.  However, the Court left open the possibility...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

How Not to Moot a Case: Supreme Court Rules Case Remains Live After Unaccepted Offer of Settlement

On January 20, 2016, the Supreme Court of the United States decided another case in a line of cases addressing the issue of class action mootness. Specifically, the justices ruled that an unaccepted settlement offer or offer...more

Robins Kaplan LLP

[Webinar] A Look Back on Class Action Litigation Developments in 2015 - January 26, 1:00pm CST

Robins Kaplan LLP on

Join Stacey Slaughter and George Carroll for an informative overview on the developments in Class Action Litigation in 2015. Attendees will learn about the results of the most recent Supreme Court cases affecting class action...more

Carlton Fields

Missouri District Court Joins the List: Unaccepted Rule 68 Offer Does Not Moot Claims

Carlton Fields on

Yet another court has found that an unaccepted Rule 68 Offer of Judgment will not moot a putative class action, even where the offer purports to satisfy all of plaintiff’s demands. Plaintiffs sued in the Eastern District of...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

Ballard Spahr LLP on

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

Ballard Spahr LLP

Two Federal Circuit Courts Weigh In Ahead of Gomez

Ballard Spahr LLP on

Just two months before the U.S. Supreme Court hears argument in Campbell-Ewald Co. v. Gomez, two federal circuit court panels have ruled on jurisdictional issues presented in the case. Both the Seventh Circuit in Chapman v....more

Moore & Van Allen PLLC

Class Actions with Uninjured Class Members Face Congressional and U.S. Supreme Court Scrutiny

Moore & Van Allen PLLC on

Circumscribing an individual’s power to subject companies to class and collective actions has been on the forefront of corporate litigation for several years, particularly in light of the growing trend of class action...more

Parker Poe Adams & Bernstein LLP

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

Eversheds Sutherland (US) LLP

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

Ballard Spahr LLP

Supreme Court Ruling Could Alter Class Action Landscape

Ballard Spahr LLP on

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

BakerHostetler

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

BakerHostetler on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

16 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide