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Subject Matter Jurisdiction › Genesis Healthcare Corp. v. Symczyk

Carlton Fields

Supreme Court Rules Against Using Settlement Offers to Moot Class Actions

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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

Manatt, Phelps & Phillips, LLP

Supreme Court Holds for Plaintiff on Rule 68 Issue, but Suggests Alternatives for Mootness

Manatt, Phelps & Phillips, LLP on

In a 6-3 decision on January 20, the U.S. Supreme Court provided clarity regarding the impact of Rule 68 offers of judgment and settlement offers in class actions by issuing its eagerly awaited decision in Campbell-Ewald Co....more

Seyfarth Shaw LLP

Reports of the Death of the Mootness Maneuver Are Greatly Exaggerated

Seyfarth Shaw LLP on

As noted by this blog on several occasions, the U.S. Supreme Court and several appellate courts have grappled with the question of whether and to what extent a defendant facing a class or collective action can moot a case by...more

Seyfarth Shaw LLP

U.S. Supreme Court Ruling Removes An Important Wrench From The Defendants’ Toolbox For Defeating Employment Discrimination Class...

Seyfarth Shaw LLP on

On January 20, 2016, the Supreme Court of the United States issued an important ruling that will affect employers’ ability to defend against a variety of lawsuits brought as class actions, including employment discrimination,...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

Carlton Fields

Fifth Circuit Holds Unaccepted Rule 68 Offer of Judgment Cannot Moot a Named Plaintiff’s Claim in a Putative Class Action

Carlton Fields on

The defendant in a putative class action brought pursuant to the Electronic Funds Transfer Act (EFTA), 15 U.S.C. § 1693, et seq., tendered a Rule 68 offer of judgment to the named plaintiff before class certification briefing...more

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