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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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AT&T Logo Image - Labeled for Reuse

AT&T Class Action Settlement

Judge Susan Illston of the Northern District of California submitted an order granting final approval of a nationwide class settlement on behalf of more than 23 million AT&T class members. Plaintiffs Joy Nwabueze and Amelia Terry alleged that there had been unauthorized charges on their bills placed by billing aggregators on behalf of third-party providers and collection services. AT&T refused to acknowledge any wrongdoing and vigorously defended its actions.

Caddell & Chapman began as Co-Lead …

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Sirius XM TCPA Settlement

Sirius XM TCPA Class Settlement

Caddell & Chapman represented Francis Hooker, Jr., who in 2011 filed claims individually and on behalf of a class of similarly situated individuals against Sirius XM Radio, Inc. Mr. Hooker alleged that Sirius XM illegally used autodialers to make telemarketing calls to his cellular phone. Mr. Hooker and his wife purchased a new Hyundai Elantra which came with three months of complimentary satellite radio programming on a promotional basis. Halfway through the promotional trial period, …

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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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