How Campbell-Ewald Will Impact Individual And Class Claims

Law360, New York (January 6, 2016, 11:27 AM EST) -- David Yohai

John Mastando

Jodi Barrow An offer of judgment under Federal Rule of Civil Procedure 68[1] could potentially become an important and powerful tool within a defendant’s strategic arsenal depending on the U.S. Supreme Court’s ruling in Gomez v. Campbell-Ewald Co., 768 F.3d 871 (9th Cir. 2014), cert. granted, Campbell-Ewald Co. v. Gomez, 135 S. Ct. 2311 (2015) (No. 14-857).

On May 18, 2015, the Supreme Court granted certiorari in Campbell-Ewald in order to determine “[w]hether a case becomes moot, and thus beyond the judicial power of Article III, when the plaintiff receives an offer of complete relief on his...

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