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Subject Matter Jurisdiction › Mootness › Class Certification

BakerHostetler

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

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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

Sheppard Mullin Richter & Hampton LLP

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

Sheppard Mullin Richter & Hampton LLP on

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

Carlton Fields

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

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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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