News & Analysis as of

Rule 68 FRCP 23

Proskauer - Law and the Workplace

Massachusetts SJC Weighs in on Wage Act Class Actions and Offers of Judgment

On Friday April 12, 2019, the Massachusetts Supreme Judicial Court confirmed that plaintiffs seeking to bring class actions asserting Massachusetts Wage Act (“Wage Act”) violations must meet the certification standards set by...more

Seyfarth Shaw LLP

What Do Sushi and Burritos Have in Common? Second Circuit Ready to Sample Tasty Wage-Hour Procedural Issues

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Seyfarth Synopsis: The Second Circuit will soon decide key issues for FLSA practitioners: whether settlements pursuant to an Offer of Judgment are subject to court review and approval, and whether the standards for final...more

Carlton Fields

No Pick-Off, No Problem: How a Pre-Certification Rule 68 Offer Survived (Twice)

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A magistrate judge in the United States District Court for the Western District of Pennsylvania denied plaintiff’s motion to strike a Rule 68 offer of judgment served prior to class certification. The Rule 68 offer in this...more

Seyfarth Shaw LLP

The U.S. Supreme Court And Workplace Class Actions

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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

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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

K&L Gates LLP

Global Corporate and Transactional Highlights - March 2016

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The 2016 Global Corporate and Transactional Highlights Brochure showcases various deals from across our five-continent platform over the past year. In the ninth year of this annual distribution of deal highlights, the...more

Littler

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

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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

Moore & Van Allen PLLC

What’s Hot in Class Actions (Part 3/3): Potential Rule 23 Amendments Narrowed, Congress Tackles No-Injury Class

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Class actions consume considerable company resources and can pose significant risk of exposure in the $ millions or $ billions. Therefore, it is critical for companies to prepare themselves – to know the trends in class...more

Carlton Fields

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

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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

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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

McGuireWoods LLP

Revised Rule 23 Proposals Show Some Promise

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The Rule 23 amendment process has continued apace. For those of you who did not read Paul Karlsgodt’s excellent summary of the September 11 mini-conference (which included a number of class-action luminaries from both sides...more

Seyfarth Shaw LLP

Employers Beware: Possible Changes May Be Coming To Class Action Rules

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Rule 23 governs class action procedure in federal courts, and interpretation of that rule by the U.S. Supreme Court and lower federal courts drives risks and liabilities that employers face in high-stakes litigation. Being on...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2015

This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Ballard Spahr LLP

Two Federal Circuit Courts Weigh In Ahead of Gomez

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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

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Summer 2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...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

BakerHostetler

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

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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

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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

McGuireWoods LLP

Rule 23 Study Agenda – FRCP 68 and Mootness

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Courts look down on offers of judgment in class actions as a procedural trick. Used properly, however, they are an effective early screen for cases that can’t be certified. ...more

McGuireWoods LLP

What Will Be in the Coming Class Action Amendments?

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I’ve written a little so far about the fact that Rule 23 is likely to undergo revision in the next few years. Last week Judge Robert Michael Dow, who is a member of the Advisory Committee on the Rules of Civil Procedure’s...more

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

To Be Or Not To Be: Mooting Rule 23 Class Actions Through Rule 68 Offers of Judgment

The use of Rule 68 offers of judgment to moot the claims of plaintiffs in the Fair Labor Standards Act (FLSA) collective action context has received much attention recently as the courts consider defendants’ use of this...more

Spilman Thomas & Battle, PLLC

Pick Off the Plaintiff? Rule 68 Offers of Judgment Gain Significant Importance Following New Supreme Court Decision

Last month, the United States Supreme Court (Supreme Court) provided an unexpected gift to entities facing collective actions under the Fair Labor Standards Act (FLSA) by holding that defendants may moot such a case by making...more

Ballard Spahr LLP

Supreme Court Ruling on Employee’s Lawsuit Will Also Affect Rule 23 Class Action Cases

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In a decision that has broad implications beyond its labor law context, the U.S. Supreme Court held on April 16, 2013, that an employee plaintiff in a collective action whose individual claim was mooted by her employer’s...more

Ballard Spahr LLP

Supreme Court Ruling Nixes FLSA Collective Action

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In a 5-4 decision issued on April 16, 2013, the U.S. Supreme Court reversed the U.S. Court of Appeals for the Third Circuit and held that an unaccepted Rule 68 offer of full relief to a named plaintiff extinguished a putative...more

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