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Morrison & Foerster LLP - Class Dismissed

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

Carlton Fields

Supreme Court Rules Against Using Settlement Offers to Moot Class Actions

Carlton Fields on

In Campbell-Ewald Co. v. Gomez, a decision released in January, a majority of the United States Supreme Court held that an unaccepted Rule 68 offer of judgment by a defendant cannot moot a putative class action....more

Sheppard Mullin Richter & Hampton LLP

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

Manatt, Phelps & Phillips, LLP

Supreme Court Holds for Plaintiff on Rule 68 Issue, but Suggests Alternatives for Mootness

In a 6-3 decision on January 20, the U.S. Supreme Court provided clarity regarding the impact of Rule 68 offers of judgment and settlement offers in class actions by issuing its eagerly awaited decision in Campbell-Ewald Co....more

Morgan Lewis

US Supreme Court Hands Down Long-Awaited Decision in Campbell-Ewald v. Gomez

Morgan Lewis on

Court holds that offers of full relief, without more, do not moot claims brought by named plaintiffs in putative class actions in federal court. On January 20, the US Supreme Court issued its long-awaited decision in...more

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