News & Analysis as of

Supreme Court of the United States Offer of Judgment Putative Class Actions

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... more +
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 -
Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Benesch

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

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

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

Ballard Spahr LLP on

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

Mintz - Employment, Labor & Benefits...

A Pick Off Play Strikes Out at the First Circuit, But There Are More Innings to be Played; the Debate Over Rule 68 Offers of...

Sorry, we couldn’t resist mixing our baseball metaphors. In Bais Yaakov of Spring Valley v. ACT, Inc., the First Circuit affirmed a district court decision refusing to dismiss a putative class action as moot based on an...more

Burr & Forman

U.S. Supreme Court to Use TCPA to Determine Power of Rule 68 Offers of Judgment

Burr & Forman on

Three weeks ago, the U.S. Supreme Court raised eyebrows when it granted certiorari in Spokeo, Inc. v. Robins, — S.Ct. —, 2015 WL 1879778 (Apr. 27, 2015), where it appears the Court will decide whether a consumer has...more

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