Philadelphia partner Mike Daly, Florham Park partner Matthew Fedor and Florham Park/New York associate Andrew Van Houter authored “An Important Class Issue the High Court Left Unresolved” for Law360.
In Campbell-Ewald Co. v. Gomez, the U.S. Supreme Court narrowly held that an unaccepted offer of judgment under Rule 68 under the Federal Rules of Civil Procedure does not necessarily moot a plaintiff’s class claims. But the Court expressly left open the possibility that actually tendering funds to an individual plaintiff could moot the claims. Two circuit courts have recently found that a tender cannot moot the claims, with rulings in Fulton Dental LLC. v. Bisco Inc. and Radha Geismann, M.D. PC v. ZocDoc Inc. In this article, Mike, Matt, and Andy outline the decisions, the courts’ logic in their findings, how the decisions run afoul of the Rules Enabling Act and the Constitution, and what this might mean for class action defendants and plaintiffs going forward.
Read “An Important Class Issue the High Court Left Unresolved.”