Rule 68 has a reputation of being “among the most enigmatic” and “underutilized” of the Federal Rules of Civil Procedure. An attorney’s failure to understand and effectively use Rule 68 could be costly. ...more
This week, the Ninth Circuit examines whether a Rule 68 offer of judgment overrides a non-final order granting summary judgment, and explores the applicability of the Government Pension Offset to spousal Social Security...more
On March 29, in a development that provides some measure of relief to businesses operating in West Virginia, particularly within the financial services industry, Gov. Jim Justice signed into law amendments to the West...more
An unaccepted offer of judgment that contains internal inconsistencies and ambiguities as to its scope is neither enforceable nor supports an award of attorney’s fees under Georgia’s Rule 68. Reversing a trial court’s...more
On December 6, 2019, a divided Second Circuit panel concluded that settlement proposals in accepted offers of judgment under FRCP 68 are not subject to judicial review and approval. Mei Xing Yu et al. v. Hasaki Restaurant...more
We are pleased to share BakerHostetler’s 2017 Class Action Review, which offers a summary of key class action litigation developments during the past year. This comprehensive analysis of last year’s developments in class...more
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
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
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
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
As many employers facing wage and hour class and collective actions are aware, defendant employers often attempt to make an offer of judgment to a named plaintiff in an attempt to moot class and collective actions. On...more
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
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
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
An unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and class action claims said the Supreme Court on Wednesday. The decision in Campbell-Ewald Co. v. Gomez is welcome news for...more
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
“Picking-off” a named class representative is a class action defendant’s dream. Faced with a class action in which the named plaintiff seeks a small recovery on an individual basis but an enormous recovery on a class basis,...more
It’s rapidly becoming conventional wisdom that Campbell-Ewald Co. v. Gomez (argued yesterday) is going to be a win for the plaintiffs. Respected academics like Robert Klonoff have stated it, and respected reporters like...more
Last year, in Gomez v. Campbell-Ewald Co., No. 13-55486, 2014 WL 4654478 (9th Cir. Sept. 19, 2014), the U.S. Court of Appeals for the Ninth Circuit held that offers of complete relief made to individual plaintiffs under Fed....more
Federal Rule of Civil Procedure 68 permits a party defending against a claim to make a formal offer of judgment. If the plaintiff either rejects the offer or fails to respond within ten days and eventually obtains a trial...more
SPECIAL FOCUS: FCC Adopts Significant Changes to TCPA Rules - FCC Chairman Tom Wheeler’s proposal to revise the Telephone Consumer Protection Act rules passed by a 3-2 vote during yesterday’s Open Commission Meeting....more