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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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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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