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The Supreme Court Forecloses Some, but not all, Strategies to Moot a Named Plaintiff's Putative Class Action

01/22/2016

On Wednesday, the U.S. Supreme Court announced that class-action defendants may not moot a named plaintiff’s claim simply by extending an offer of judgment that satisfies the putative lead plaintiff’s demand for damages. The opinion, Campbell-Ewald Co. v. Gomez, settled a circuit split on the issue of whether a plaintiff’s claim is no longer viable once he or she has refused to accept an offer of judgment. The Court’s opinion also left several unresolved questions, at least one of which might provide a strategy for defendants wishing to avoid potential class action litigation.

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