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Adobe PDFThe Supreme Court Forecloses Some, but not all, Strategies to Moot a Named Plaintiff's Putative Class Action
Rachel A.H. Horton, Theresa E. Loscalzo; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
February 9, 2016, previously published on January 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.

 

HTMLSupreme Court Restricts Defendants' Use of Settlement Offers to "Pick Off" Named Plaintiffs in Class Actions.
Louis A. Chaiten, Darren K. Cottriel, Shay Dvoretzky, Rebekah Byers Kcehowski, Sharyl A. Reisman; Jones Day;
Legal Alert/Article
February 9, 2016, previously published on January 2016
The Supreme Court in Campbell-Ewald Co. v. Gomez, No. 14-587 (Jan. 20, 2016), held that a defendant’s unaccepted offer to fully satisfy the plaintiff’s claim does not moot the plaintiff’s case. The Court’s decision has particular significance for class-action litigation....

 

HTMLSCOTUS to TCPA Defendants: Offer of Complete Relief to Lead Plaintiff is No Easy Out from Class Actions
Christopher A. Roach; Adams and Reese LLP;
Legal Alert/Article
February 9, 2016, previously published on January 22, 2016
What happens when you make an offer they can't refuse . . . and they refuse? The Supreme Court addressed this question in the context of complete relief offers to lead plaintiffs in Campbell-Ewald Co. v. Gomez, a Telephone Consumer Protection Act (TCPA) class action.

 

HTMLCourt of Appeal Provides Guidance on Common Issues and Franchisors' Duty of Good Faith
Bevan Brooksbank, Graham Splawski; Borden Ladner Gervais LLP;
Legal Alert/Article
February 4, 2016, previously published on January 26, 2016
On January 14, 2016 the Ontario Court of Appeal released its unanimous decision in 1250264 Ontario Inc. v. Pet Valu Canada Inc.1 granting summary judgment dismissing a class action brought against Pet Valu by its former franchisee and bringing the claim to an end after over six years of litigation....

 

HTMLSupreme Court Weighs in on Class Action ‘Pick-Off,’ but Leaves Significant Questions Unanswered
Jeffrey W. Brecher; Jackson Lewis P.C.;
Legal Alert/Article
February 4, 2016, previously published on January 21, 2016
The U.S. Supreme Court has eliminated a strategy defendants have used to stem the rising tide of class action lawsuits - offering the named plaintiffs in a class action lawsuit full relief, mooting their individual claim (regardless if they accept the offer), and along with it, rendering the class...

 

HTMLRinging Off The Hook: TCPA Issues Still At Forefront As Calendar Turns To 2016
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 4, 2016, previously published on January 21, 2016
We may only be three weeks into 2016, but the Telephone Consumer Protection Act (“TCPA”) has already received a considerable amount of attention this year.

 

HTMLBC Court of Appeal Overturns Class Certification in Patents Case, Finding Patent Regime to be Complete Code in Respect of Remedies
Michelle T. Maniago, Steve Warnett; Borden Ladner Gervais LLP;
Legal Alert/Article
February 4, 2016, previously published on January 25, 2016
In Low v. Pfizer Canada Inc., a unanimous division of the Court of Appeal for British Columbia restricted the ability of consumers to make claims based on alleged unlawful acts under the Patent Act, R.S.C. 1985, c. P-4, and associated regulations. In so doing, the Court of Appeal reversed the...

 

HTMLUPDATE: Challenges to Standing of Petrobras Opt-Out Plaintiffs Denied
John S. "Terry" McMahon; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 3, 2016, previously published on January 19, 2016
As a follow-up to our October 15 discussion about challenges to the standing of certain opt-out plaintiffs in the In re Petrobras Securities Litigation, No. 14-cv-9662 (S.D.N.Y.) consolidated litigation, Judge Rakoff has resolved those issues in two decisions. In a brief October 19, 2015 decision...

 

HTMLU.S. Supreme Court Holds that Unaccepted Offer to Settle Per Rule 68 Does Not Moot a Case
James N. Boudreau, Christiana L. Signs; Greenberg Traurig, LLP;
Legal Alert/Article
February 2, 2016, previously published on January 21, 2016
In a 6-3 opinion, the United States Supreme Court held yesterday that a defendant’s unaccepted Rule 68 offer of judgment for complete relief does not moot a case. See Campbell-Ewald Co. v. Gomez, 577 U.S. --- (2016). Justice Bader Ginsburg, writing for the 6-3 majority, explained that...

 

HTMLThird Circuit Rules that Courts, not Arbitration Panels, Have Final Word on Class Action Arbitrability
Louis A. Chaiten, Darren K. Cottriel, Rebekah Byers Kcehowski, Michael A. Magee, Sharyl A. Reisman; Jones Day;
Legal Alert/Article
February 2, 2016, previously published on January 2016
The history and proceedings of the Third Circuit's recent decision in Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, No. 15-1275, 2016 U.S. App. LEXIS 42 (3d Cir. Jan. 5, 2016), are a precautionary tale suggesting that companies should expressly state key "rules of their game" in...

 


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