Today, in Campbell-Ewald Co. v. Gomez, a majority of the Supreme Court held, “in accord with Rule 68 of the Federal Rules of Civil Procedure, that an unaccepted settlement offer has no force,” and does not negate the existence of a case and controversy for purposes of Article III jurisdiction.
Certification Denials and Appellate Jurisdiction
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Yesterday the Supreme Court granted certiorari in the Microsoft Xbox case to decide whether federal courts of appeals have jurisdiction to review orders denying class certification after named plaintiffs voluntarily dismiss their individual claims with prejudice.
On December 31st, the First Circuit approved a class action settlement in a case involving claims of deceptive advertising. While breaking no new ground, the court’s decision provides useful guidance to parties negotiating a class settlement.
On October 7th, the Consumer Financial Protection Bureau released proposals that, if adopted, would limit the use of arbitration provisions in consumer class actions against banks and other companies offering consumer finance products and services. For more information, you can access our client alert here.
First Circuit Weighs In On Rule 68 Mootness Issue
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In a decision issued on August 21, 2015, the First Circuit added its voice to the recent chorus of federal appellate courts holding that an unaccepted Rule 68 offer of judgment, served before a motion for class certification and offering the named plaintiff all the relief it could potentially recover on its individual claim, did not render the plaintiff’s claim moot, and therefore did not moot the putative class action.
Splitting the Difference: Recent Developments in Circuit Splits Over Class Action Lawsuits
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It has been a busy summer for federal appellate courts deciding class action issues. Amidst all the sound and fury, this summer’s decisions so far highlight two splits among the federal circuits, while also diminishing if not eliminating a third split on an issue that is currently before SCOTUS. Here is a brief summary of the ebbs and flows.
The Seventh Circuit’s July 28th decision in Mullins v. Direct Digital, LLC has already created quite a stir.
A Byrd in the Hand
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Recently, I had the privilege of moderating a panel in Boston discussing hot topics in class actions. We had a terrific group of panelists, including three (besides myself) who represent defendants in class actions and one who represents plaintiffs. This imbalance was attributable to the nature of the organization sponsoring the program as a business-oriented legal foundation.