Gibbons Law Alert

Gibbons Law Alert

Tagged: Offer of Judgment

Wrap Up of United States Supreme Court’s 2015-2016 Term

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Posted in General Litigation

On July 26, 2016

With the close of the United States Supreme Court’s 2015-16 term, we offer this wrap up of the Court’s term, focusing on decisions of special interest from the business and commercial perspective (excluding patent cases): Upon being granted a discharge from a Bankruptcy Court, a bankrupt’s debts are discharged unless a particular debt falls within one of the Bankruptcy Code’s statutory exclusions. One of those exclusions is for debts arising from “false pretenses, a false representation, or actual fraud.” Husky Int’l Elecs., Inc. v. Ritz asked whether a debt arising from a fraudulent transfer made for the purpose of frustrating a creditor, but accomplished without making a false representation, is subject to this exclusion.

Supreme Court Holds Unaccepted Offer of Judgment for Complete Relief to Named Plaintiff in Putative Class Action Does Not Moot Claims

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Posted in Class Action Defense

On February 18, 2016

The Supreme Court of the United States recently issued its ruling in Campbell-Ewald v. Gomez, a closely watched appeal in which the Court held that a complete offer of relief to a named plaintiff in a class action does not moot the individual’s claim. As explained by Justice Ginsburg, writing for the majority and drawing upon lessons taught to a “first-year law student,” an unaccepted settlement offer “creates no lasting right or obligation,” “has no force,” and, thus, “is a legal nullity, with no operative effect” that “does not moot a plaintiff’s case.” The Court’s opinion follows up on its 2013 decision in Genesis Healthcare Corp. v. Symczyk, in which it assumed that an offer of complete relief, even if unaccepted, moots a plaintiff’s individual claim to the extent the plaintiff’s Fair Labor Standards Act (“FLSA”) collective-action allegations could not stand on their own.

Supreme Court Set to Weigh in on Whether Offer of Judgment for Complete Relief to Named Plaintiff in Putative Class Action Moots TCPA Claims

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Posted in Class Action Defense

On June 17, 2015

The Supreme Court of the United States has granted certiorari in Campbell-Ewald v. Gomez, which is positioned to resolve the circuit split as to whether an offer of judgment to the named plaintiff in a class action for the full amount of the plaintiff’s individual claim can moot claims brought under the Telephone Consumer Protection Act (“TCPA”) for that named plaintiff only and prevent the matter from proceeding to the class certification stage.

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