Supreme Court Takes Away a Class Action Defense Tool That We Couldn’t Really Use Anyway

Supreme Court Takes Away a Class Action Defense Tool That We Couldn’t Really Use Anyway

Yesterday, the Supreme Court held in Campbell-Ewald Co. v. Gomez, No. 14-857 (U.S. Jan. 20, 2016), that when a defendant makes an offer to resolve the named plaintiff’s claim for full value, but the plaintiff turns it down, the case is not moot, and simply proceeds.

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Supreme Court Weighs in On Class Action “Pick Off”, but Leaves Significant Questions Unanswered

Yesterday, the U.S. Supreme Court eliminated a strategy defendants have used to stem the rising tide of class action lawsuits—offering the named plaintiffs in a class action lawsuit full relief, mooting their individual claim (regardless if they accept it), and along with it, rendering the class action moot.

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Supreme Court Holds That an Unaccepted Offer of Judgment Doesn’t Moot a Class Action

Supreme Court Holds That an Unaccepted Offer of Judgment Doesn’t Moot a Class Action

Article III of the Constitution limits the jurisdiction of federal courts to “cases” and “controversies.” As the Supreme Court recently explained in Genesis HealthCare Corp. v. Symczyk, a lawsuit does not present an Article III case or controversy and “must be dismissed as moot” when “an intervening circumstance deprives the plaintiff of a ‘personal stake in the outcome of the lawsuit,’ at any point during the litigation.”

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Not Taking “Yes” for an Answer: U.S. Supreme Court Rules That Unaccepted Offer of Complete Individual Relief Does Not Moot Plaintiff’s Individual or Class Action Claim

Not Taking “Yes” for an Answer:  U.S. Supreme Court Rules That Unaccepted Offer of Complete Individual Relief Does Not Moot Plaintiff’s Individual or Class Action Claim

On January 20, 2016, in a highly anticipated decision (see October 27, 2015 blog) that will have implications for class action practice nationwide, the U.S. Supreme Court ruled that an unaccepted offer of judgment sufficient to completely satisfy an individual claim does not moot that claim or any class claim.

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