Campbell-Ewald And 'Prepaid Offers' In Securities Suits

Law360, New York (March 25, 2016, 10:55 AM EDT) -- James K. Goldfarb

Michael V. Rella

Jonathan Bashi The class action bar eagerly awaited the U.S. Supreme Court's January opinion in Campbell-Ewald Co. v. Gomez.[1] At issue was what happens when a defendant makes a settlement offer or Rule 68 offer of judgment that would give the lead plaintiff full relief on his or her individual claims, but the lead plaintiff does not accept the offer. Does an unaccepted offer of full relief mean, as the defendant-petitioner argued, that a case or controversy no longer exists concerning the lead plaintiff's individual claims, thereby divesting the district court of Article III jurisdiction,...

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