7th Circ. Expands On High Court's Campbell-Ewald Ruling
Law360, Chicago (June 20, 2017, 6:11 PM EDT) -- A trio of judges sitting on the Seventh Circuit ruled Tuesday that a putative class action over unauthorized faxes cannot be mooted by depositing an unaccepted settlement offer with the court, saying there was "no principled distinction" between the alleged pick-off attempt and the one prohibited by the U.S. Supreme Court in Campbell-Ewald Co. v. Gomez.
The Seventh Circuit drew on the U.S. Supreme Court's 2016 Campbell-Ewald decision, which found that a rejected offer to fully reimburse a lead plaintiff's damages under Rule 68 of the Federal Rules of Civil Procedure does not moot a class action lawsuit. (Law360) Writing for...
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