News & Analysis as of September 18, 2024

Supreme Court of the United States › Campbell Ewald v Gomez

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Fairness Doctrine: Second Circuit Rejects Deposit Via Rule 67 as Means of Mooting TCPA Class Action–Finds Plaintiff Must Be...

Womble Bond Dickinson on 11/28/2018

Just days ago I wrote about a district court opinion rejecting a tender of complete relief to pick off a named class representative’s claim in a putative TCPA class action. Well today the Second Circuit Court of Appeal has...more

Safe!: Putative TCPA Class Action Survives Defendant’s Attempt to Pick off the Named Class Member By Deposit

Womble Bond Dickinson on 11/26/2018

Can a named class representative continue to represent a putative TCPA class action even after a Defendant pays the Plaintiff the highest amount he/she could possibly recover on their individual claim? That question was left...more

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

Morrison & Foerster LLP - Class Dismissed on 7/19/2017

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

The Seventh Circuit Forecloses One “Pick Off” Method Under Rule 67, But Leaves A Trail Of Crumbs For Both The Plaintiffs’ And...

Kilpatrick on 7/3/2017

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

The Case Goes On, For Now: Seventh Circuit Holds Rule 67 Cannot Moot TCPA Class Action

Benesch on 6/22/2017

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

Advertising Litigation Report: Vol. 2, No. 1

Kramer Levin Naftalis & Frankel LLP on 2/2/2017

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

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Shaw LLP on 1/19/2017

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

Justice Scalia’s Death Throws SCOTUS Term Into Turmoil

Fisher Phillips on 8/8/2016

A Review Of The 2015-2016 Supreme Court Term - Justice Antonin Scalia’s death created a 4-4 split among liberal and conservative-leaning Justices, rendering tidy scorecards and trends regarding this past Supreme Court...more

Ninth Circuit First to Take Up Offers of Judgment After Campbell-Ewald

BakerHostetler on 6/22/2016

As we reported earlier this year in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016), the Supreme Court held that a putative class action does not become moot when a defendant merely offers a named plaintiff full...more

Supreme Court Rules Against Using Settlement Offers to Moot Class Actions

Carlton Fields on 5/4/2016

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

Mooting Class Actions by Offer of Judgment – Episode 2: The Ninth Circuit Strikes Back

Sheppard Mullin Richter & Hampton LLP on 4/25/2016

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

No Resurgence of “Picking Off” After Campbell-Ewald

Carlton Fields on 4/18/2016

We previously reported on two Rule 68 offer of judgment cases: Campbell-Ewald Co. v Gomez, 136 S.Ct. 663 (2016), see Supreme Court Rules Unaccepted Rule 68 Offer of Judgment Cannot Moot Class Action , in which the Supreme...more

Ninth Circuit Rejects Mootness Where Defendant Escrows Offered Funds, Broadening Campbell-Ewald

Locke Lord LLP on 4/15/2016

The Ninth Circuit has answered questions left open by the U.S. Supreme Court’s recent Campbell-Ewald v. Gomez decision by finding a putative class action was not moot even where the defendant deposited the offered funds into...more

Supreme Court Decision Weakens Class Defendants' Tactical Arsenal

Stinson LLP on 4/12/2016

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

Third Circuit Follows Gomez on Mootness Issue, But Narrowly

Ballard Spahr LLP on 4/8/2016

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

Point Counterpoint: New York Federal Court Holds Payment of Plaintiff’s Claim Ends Lawsuit Under Campbell-Ewald

Morrison & Foerster LLP - Class Dismissed on 3/29/2016

A New York federal court has held that a defendant’s payment of the amount of plaintiff’s TCPA claim plus costs to the clerk of the court required entry of judgment for the plaintiff and ended the case. Leyse v. Lifetime...more

New York Federal Court Ruling May Breathe New Life into Employment Class Action Pick-off Strategy; Addresses Supreme Court’s Gomez...

Mintz - Employment, Labor & Benefits... on 3/25/2016

Is the pick-off strategy to moot class actions still alive in the Southern District of New York? Possibly. Last month we reported on Brady v. Basic Research, L.L.C. – the first decision to interpret the Supreme Court’s...more

California Employment Law Notes - March 2016

Proskauer - California Employment Law on 3/17/2016

Nuclear Plant Maintenance Manager's Whistleblower Claim Was Properly Dismissed - Sanders v. Energy Northwest, 2016 WL 560809 (9th Cir. 2016) - David W. Sanders, a maintenance manager for Energy Northwest (a...more

New York Court Rules Rule 67 Deposit Cannot be Used to Pick Off Named Plaintiffs in Putative Diet Pill Class

Proskauer - Advertising Law on 3/10/2016

Recently, a New York court held that a putative class action defendant’s depositing of funds sufficient to cover the full amount of a plaintiff’s individual claims does not moot the plaintiff’s case and therefore cannot be...more

MLB Litigation Brief: Class Action Questions Open After Scalia’s Death, Arbitration Fees and American Rule & More

Moore & Van Allen PLLC on 3/1/2016

2015 Witnesses Record Securities Class Actions: The National Economic Research Associates, Inc. (NERA) recently released its report, Recent Trends in Securities Class Action Litigation: 2015 Full-Year Review, detailing the...more

"Employment Flash - February 2016"

Skadden, Arps, Slate, Meagher & Flom LLP on 3/1/2016

The February 2016 edition of the Employment Flash looks at the EEOC's proposal for collecting equal pay information, the DOL's recent interpretation of joint employment liability under the FLSA and MSPA, Lyft's settlement of...more

The ERISA Litigation Newsletter - February 2016

Proskauer Rose LLP on 2/24/2016

Editor's Overview - This month's article reviews a few non-ERISA cases before the U.S. Supreme Court, which may, depending on the breadth of the decisions, impact ERISA litigation. First, in Spokeo, Inc. v. Robins, the...more

New York Federal Court Rejects First Attempt Since Campbell-Ewald to Moot Class Plaintiffs’ Claims

Morrison & Foerster LLP - Class Dismissed on 2/23/2016

In Campbell-Ewald v. Gomez, __ S.Ct. __ (Jan. 20, 2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief did not moot a class plaintiff’s claim or require dismissal of the action. ...more

New York Federal Court Interprets Supreme Court’s Gomez Pick-Off Strategy Opinion Broadly; Declines Employer Request to Deposit...

Mintz - Employment, Labor & Benefits... on 2/18/2016

Last month, we wrote about the Supreme Court’s opinion in Campbell-Ewald Co. v. Gomez, in which the Court ruled that “an unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and...more

Federal Rule 68 Loophole; Not So Fast, My Friend.

Mintz - Consumer Product Safety Viewpoints on 2/18/2016

As we recently blogged about, in January the U.S. Supreme Court rejected the Rule 68 ‘pick off’ strategy in its Campbell-Edwald decision. The ‘pick off’ strategy’ occurs when defense counsel offers the plaintiff full relief...more

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Supreme Court of the United States › Campbell Ewald v Gomez

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