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Rule 68 Offer of Judgment

SCOTUS: Rule 68 Offer Does Not Moot Class Action

By a vote of six to three, in Campbell-Ewald Co. v. Gomez, the Supreme Court held that an unaccepted settlement offer or Rule 68 offer of judgment does not moot a plaintiff’s case.

The U.S. Navy contracted with Campbell-Ewald Company to develop a multimedia recruiting campaign that included sending text messages to consenting 18- to 24-year olds. Jose Gomez, age 40, received one of these unsolicited text messages, and filed a class action lawsuit …

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Pulaski and Middleman, LLC v. Google, Inc.

The U.S. Court of Appeals for the Ninth Circuit recently approved class certification for advertisers of Google Adwords, reversing U.S. District Judge Edward Davila’s decision in January 2012. Those who purchased Adwords between 2004 and 2008 can now sue as a group to recover damages over what they claim are violations of California’s Unfair Competition and False Advertising Laws. Google allegedly charged Pulaski for ads that appeared on error pages and so-called parked domain pages …

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Caddell & Chapman represents plaintiffs nationwide in class action lawsuits and other complex litigation.

Eleventh Circuit Rejects “Picking Off” Tactic

What’s a corporate defendant to do when a class-action consumer plaintiff has it dead to rights? When a complaint clearly shows that the consumer has a valid claim and that thousands of others are in the same situation?

One strategy is to make an offer of settlement to the class representative. If the class representative accepts, his or her claim will be moot, and someone else will have to represent the class. Since most people …

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Caddell & Chapman represents plaintiffs nationwide in class actions and other complex litigation.

Arbitration “Agreements” Struck Down

The Internet age has distorted the meaning of “agreement” to a contract almost beyond recognition: companies hide disclaimers, conditions, and waivers of our rights in the fine print of mind-numbingly long agreements. Just by clicking on an “I agree” checkbox, consumers can be forced to sign away their privacy, their intellectual property, or even their right to sue in court. Modern life requires us all to click or sign our “agreement” to such terms …

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