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Litigation

May 29, 2015

Moot the named plaintiff, moot the class action?

The U.S. high court recently granted certiorari in a case asking whether a defendant can moot a class action by making a settlement offer of "complete relief" to the named plaintiff before the class is certified. By Scott M. Pearson


By Scott M. Pearson


On May 18, the U.S. Supreme Court granted certiorari in Campbell-Ewald Company v. Gomez, an important case concerning class actions in federal court. Gomez raises the question of whether a defendant can moot a class action, and require its
dismissal, by making a Rule 68 offer of "complete relief" to the named plaintiff before
a class has been certified. Or, as framed by the plaint...

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