News & Analysis as of

Mootness

Chris Lazarini Comments on Court’s Preliminary Injunction Against DOL's Enforcement of its "Anti-arbitration" Rule

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on Thrivent's case seeking to enjoin the U.S. Department of Labor (DOL) from prohibiting the nonprofit's mandatory use of individual dispute resolution processes. Once the...more

Continuing Trends in M&A Disclosure Litigation

Over the past two years, the deal litigation landscape has changed dramatically. In early 2016, the Delaware Court of Chancery announced a new rule for evaluating disclosure-based settlements in deal litigation — the “plainly...more

Third Circuit Reinforces that Rules are Not Meant to Be Broken

The Third Circuit recently held, in Schepis v. Burtch (In re Pursuit Capital Management, LLC), No. 16-3953, 2017 WL 4783009 (3d Cir. Oct. 24, 2017), that under section 363(m) of the Bankruptcy Code, if a party does not seek a...more

Supreme Court Dismisses One Of Two Travel Ban Cases As Moot

As discussed in our Immigration Dispatch of September 26, President Trump recently issued a broader, more nuanced travel ban Proclamation to replace the March 6 travel ban, most of which expired on September 24. At the time,...more

Timely Joinder Cannot Save Untimely IPR When Nothing to Join

by Jones Day on

In IPR2017-01054 and IPR2017-01055 (Fresenius Kabi USA, LLC v. Hospira Inc.), the PTAB denied institution of inter partes reviews of U.S. Patent Nos. 8,242,158 and 8,338,470, because Petitioner Fresenius filed the IPR...more

Joining An IPR Could Prevent Recovery Under § 285

by Orrick - IP Landscape on

Order Dismissing Case as Moot, MD Security Solutions LLC, v. Protection 1, Inc., M.D. Fl. (Sep. 26, 2017) (Judge Paul G. Byron) - There may be an unappreciated cost in pursuing a patent validity challenge at the PTAB...more

When in Doubt, Assume the Earliest Possible Deadline

by Carlton Fields on

One of the most important factors in preserving your appellate rights is knowing when the clock starts running on your deadline to appeal. While the answer may appear simple as a matter of course, that is not always the case....more

Interference On The Defense? Tenth Circuit Reinstates EEOC’s Formerly Dismissed Claim

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After a federal district court dismissed the EEOC’s unlawful-interference claim against a private college that had sued a former employee for allegedly breaching a settlement agreement by filing an EEOC...more

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

Federal Judge Issues Final Ruling Striking Down Overtime Rule

by Bass, Berry & Sims PLC on

Texas Federal Judge Amos Mazzant has issued a final ruling striking down the overtime rule. In the August 31 ruling, Judge Mazzant used essentially the same reasoning on which he based his temporary injunction ruling. In...more

Appeal Held Moot and Dismissed By Court of Appeals

by LeClairRyan on

Last June, I wrote about the non-party subpoena served on the Competitive Enterprise Institute, and the anti-SLAPP motion to dismiss the CEI filed in response. In that post, I mentioned an earlier case where subpoenas were...more

TCPA Connect - July 2017

Yet Another Blow to Spokeo Strategy in TCPA Cases - Consistent with the growing trend among lower federal courts, the U.S. Court of Appeals, Third Circuit recently reversed a district court order in Susinno v. Work Out...more

A Twist on Campbell-Ewald: Seventh Circuit Rejects Effort to Moot Class Action Claims Under F.R.C.P. 67

In Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief under Federal Rule of Civil Procedure 68 did not moot a class plaintiff’s...more

Seventh Circuit Rejects Latest Attempt To Pick Off TCPA Plaintiffs

by Foley & Lardner LLP on

Defense counsel facing potential multimillion-dollar judgments from the threat of class action proceedings—particularly class actions brought under statutes providing for treble damages and attorney’s fees, such as the...more

Conditional Covenant Not to Sue Insufficient to Moot Patent Dispute

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a summary judgment of non-infringement based on invalidity of asserted reissue claims as impermissibly broadened, notwithstanding a covenant not to sue that the patent...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

7th Circuit Balks At Class Action Defendant’s Attempt To Pick-Off Lead Plaintiff

On June 20, 2017, the U.S. Court of Appeals for the 7th Circuit provided guidance on attempts by defendants to moot a plaintiff’s claim by depositing with the court damages sufficient to make the plaintiff whole. The practice...more

Seventh Circuit Rejects Rule 67 Deposit Into Court Account as Easier Alternative to Rule 68 Offer of Judgment

by BakerHostetler on

Over the years, Rule 68 offers of judgment have been touted as a means of picking off class representatives and a potentially easy way to terminate a class or collective action before it starts. It rarely really works that...more

Seventh Circuit Limits Ability to Moot Claims of Class Representative in the Wake of Campbell-Ewald

On June 20, 2017, the Seventh Circuit ruled that a defendant cannot moot the individual claims of a putative class representative by depositing an unaccepted settlement offer with the court covering all relief purportedly...more

Seventh Circuit Rejects Rule 67 Mootness Argument But Keeps Campbell-Ewald Full Deposit Maneuver Alive

by Dorsey & Whitney LLP on

Rien n’est eternel. Nothing lasts forever. In TCPAland, things don’t even last a week. Just days after a Chicago district court endorsed the tactic in A Custom Heating & Air Conditioning, Inc. v. Kabbage, Inc., 2017 U.S....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

CFPB withdraws CID issued to structured settlements purchaser, petition to enforce CID denied as moot

by Ballard Spahr LLP on

The CFPB’s petition filed in a Pennsylvania federal district court last June to enforce a CID issued to J.G. Wentworth, LLC, a purchaser of structured settlements and annuities, was denied by the court last week as moot. The...more

Fifth District Holds CEQA Action Challenging Individual DOGGR Oil Well Permits Not Barred By Res Judicata Based On Prior Judgment...

by Miller Starr Regalia on

In a 38-page opinion filed May 4, and belatedly ordered published on May 25, 2017, the Fifth District Court of Appeal reversed a judgment dismissing a writ petition filed by three environmental groups alleging CEQA violations...more

Eleventh Circuit Addresses Difference Between Constitutional and Equitable Mootness

by Jones Day on

In Beem v. Ferguson (In re Ferguson), 2017 BL 101650 (11th Cir. Mar. 30, 2017), the U.S. Court of Appeals for the Eleventh Circuit addressed the distinction between constitutional mootness (a jurisdictional issue that...more

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