Resolving Class Claims Individually Post-Fulton Dental

By Arsen Kourinian (July 18, 2017, 12:21 PM EDT) -- Last year, the U.S. Supreme Court held in Campbell-Ewald v. Gomez, 136 S. Ct. 663 (2016), that an offer of judgment to the named plaintiff under Rule 68 of the Federal Rules of Civil Procedure that provides full individual relief in a putative class action does not moot the class claims. The Seventh Circuit in Fulton Dental LLC v. Bisco Inc., No. 16-3574, 2017 (7th Cir. June 20, 2017), recently further restricted a defendant's ability to individually resolve a putative class action by holding that an offer accompanied by a deposit of payment with the court under Rule 67 is also inadequate to moot the class claims. Both cases reasoned, in part, that because an unaccepted offer has no legal effect, there still exists a live case or controversy between the parties. As such, the individual and putative class claims cannot be dismissed as moot under these circumstances.   ...

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