News & Analysis as of

Mootness Supreme Court of the United States Article III

Epstein Becker & Green

Two Plaintiffs Win Border Battles as Court Emphasizes When It Has Jurisdiction in Cases with Substantial Factual Issues - SCOTUS...

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Yonas Fikre, a U.S. citizen who had emigrated from Sudan, found himself placed on the No Fly List by the FBI and unable to return to the United States from an international trip. This action followed Fikre’s having been...more

Epstein Becker & Green

A Big Day at the Court, with a Few Small, Unanimous Decisions - SCOTUS Today

Yesterday might ultimately be remembered as among the most consequential days in the history of the Supreme Court and the nation. That will be determined when a decision in Trump v. Anderson is issued....more

Ballard Spahr LLP

SCOTUS keeps issue of “tester” standing alive, dismissing ADA website appeal as moot

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On December 5, 2023, the Supreme Court of the United States in Acheson Hotels, LLC v. Laufer, declined to substantively address a question businesses across the country have been eager to resolve: That is, whether a “tester”...more

Ballard Spahr LLP

The Supreme Court Keeps Issue of “Tester” Standing Alive, Dismissing ADA Website Appeal as Moot

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On December 5, 2023, the Supreme Court of the United States in Acheson Hotels, LLC v. Laufer, declined to substantively address a question businesses across the country have been eager to resolve: That is, whether a “tester”...more

Dorsey & Whitney LLP

The Supreme Court Update - December 5, 2023

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Today, the Supreme Court of the United States issued one decision: Acheson Hotels, LLC v. Laufer, No. 22-429: Deborah Laufer sued hundreds of hotels under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §...more

Pierce Atwood LLP

Supreme Court Hears Oral Argument on Article III Standing of Testers to Bring ADA Website Accessibility Class Actions

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Earlier this week, the Supreme Court heard oral argument in Acheson Hotels, LLC v. Laufer, a case that we have summarized in prior blog posts. Just months ago, there was doubt whether the Supreme Court would hear the case at...more

Bass, Berry & Sims PLC

Supreme Court Decides Uzuegbunam v. Preczewski: A Request for Nominal Damages is All You Need

On March 8, the United States Supreme Court issued its opinion in Uzuegbunam v. Preczewski, holding that a claim for nominal damages saves a claim from dismissal on mootness grounds. For more background on the case, see the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2021 #2

ABS Global, Inc. v. Cytonome/ST, LLC, Appeal No. 2019-2051 (Fed. Cir. Jan. 6, 2021) For the second time in two weeks, our Case of the Week concerns issues relating to Article III justiciability of an appeal from an IPR...more

Kramer Levin Naftalis & Frankel LLP

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

Manatt, Phelps & Phillips, LLP

TCPA Connect - May 2016

BREAKING: SCOTUS Rules on Spokeo, Significant Implications for TCPA Cases - The Supreme Court of the United States ruled yesterday in Spokeo, Inc. v. Robins that a plaintiff must show an injury in fact before pursuing a...more

Stinson LLP

Supreme Court Decision Weakens Class Defendants' Tactical Arsenal

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One of the strategies employed by class-action defendants has been to submit an offer of settlement pursuant to Rule 68 of the Federal Rules of Civil Procedure in the full amount of the putative class representative's claim....more

Ballard Spahr LLP

Third Circuit Follows Gomez on Mootness Issue, But Narrowly

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In the wake of the U.S. Supreme Court's holding in Campbell-Ewald Company v. Gomez that an unaccepted Rule 68 offer of complete relief does not moot a plaintiff's individual claims, the U.S. Court of Appeals for the Third...more

Kelley Drye & Warren LLP

Supreme Court Sustains TCPA Plaintiff’s Claim Following an Unaccepted Settlement Offer

On January 20, 2016, the U.S. Supreme Court handed down its ruling in Campbell-Ewald Co. v. Gomez, where it was considering whether a plaintiff seeking damages under the Telephone Consumer Protection Act (“TCPA”) is able to...more

Clark Hill PLC

Supreme Court Hands Down a Potentially Powerful Class Action Weapon

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Last week, the U.S. Supreme Court decided Campbell-Ewald Co. v. Gomez, a closely watched Telephone Consumer Protection Act (TCPA) case. The plaintiff, Gomez, filed a TCPA class action after he received allegedly unwanted (and...more

Blank Rome LLP

U.S. Supreme Court Rules That an Unaccepted Settlement Offer or Offer of Judgment Does Not Moot a Plaintiff’s Individual or Class...

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Action Item: The U.S. Supreme Court clarifies the split among the circuits and holds that an unaccepted Federal Rule of Civil Procedure 68 offer and unaccepted settlement offer neither moots an individual or class claim. But...more

McGuireWoods LLP

Supreme Court Rules Settlement Offer Does Not Moot Class Action

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On January 20th, 2016, in Campbell-Ewald Co. v. Gomez, a case closely watched by both sides of the class action bar, the U.S. Supreme Court ruled in an opinion authored by Justice Ruth Bader Ginsberg that an unaccepted Rule...more

Hinshaw & Culbertson LLP

Breaking News: U.S. Supreme Court Decides Whether Claims are Moot in Gomez

The Supreme Court affirmed the Ninth Circuit's ruling and held that Defendant's unaccepted settlement offer or offer of judgment did not moot Plaintiff's case. Campbell-Ewald Co. v. Gomez, — U.S.— (Jan. 20, 2016)....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

BakerHostetler

Supreme Court Holds Unaccepted Offers for Full Relief Do Not Moot Class Actions

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Relying on “basic principles of contract law,” the Supreme Court on Wednesday held that an unaccepted settlement offer and offer of judgment under Rule 68 are “legal nullit[ies]” that have no effect on whether a live...more

Stinson LLP

Unaccepted Settlement Offer Cannot Moot Consumer Lawsuits

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On Wednesday, January 20, in a 6-3 ruling, the U.S. Supreme Court held that an unaccepted settlement offer, or offer of judgment pursuant to Federal Rule of Civil Procedure 68, cannot moot a plaintiff's case. The ruling...more

Ballard Spahr LLP

Unaccepted Rule 68 Offer Does Not Moot a Plaintiff's Claims, U.S. Supreme Court Rules

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The U.S. Supreme Court has ruled that an unaccepted Rule 68 settlement offer does not moot a class action even when the offer would provide the named plaintiff with complete individual relief. The decision in Campbell-Ewald...more

Robinson+Cole Data Privacy + Security Insider

Supreme Court opinion in Campbell-Ewald co. v. Gomez: kicking the can down the road

Yesterday, the U.S. Supreme Court decided Campbell-Ewald Co. v. Gomez, No. 14-857. The question presented was whether an unaccepted offer of full relief on the named plaintiff’s individual claim will render a putative class...more

Bryan Cave Leighton Paisner

U.S. Supreme Court Limits Ability of Class Action Defendants to “Pick Off” Named Plaintiffs

In recent years many defendants facing putative class action lawsuits in federal court have sought to neutralize these lawsuits by offering total relief to all named plaintiffs before the district court issues a ruling on...more

Pierce Atwood LLP

Think You Can Moot Plaintiff's Claim With a Rule 68 Offer of Judgment? Think Again

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As we have previously noted, federal appellate courts have been split on whether a defendant can moot a class action by making a Rule 68 offer of judgment, agreeing to pay all of the damages to which the named plaintiff seeks...more

Polsinelli

Breaking: Supreme Court Rules Today that TCPA Class Action Not Mooted by Unaccepted Settlement Offer to Named Plaintiff

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Today the U.S. Supreme Court ruled 6-3 that a company’s unaccepted offer of complete relief to a named plaintiff in a putative class action does not moot the plaintiff’s case. Before the ruling, authored by Justice Ruth Bader...more

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