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Campbell-Ewald Company v. Gomez, No. 14-857

Articles Discussing Case:

The Supreme Court Rules an Unaccepted Offer of Judgment Cannot Moot a Case, But What About Payment of Complete Relief?

Littler Mendelson, P.C. • February 04, 2016
A divided U.S. Supreme Court recently ruled in Campbell-Ewald Co. v. Gomez1 that an unaccepted settlement offer or offer of judgment is a legal nullity that cannot moot a case. However, the Court left open the possibility that payment of complete relief may suffice.

Bad News, Good News: Supreme Court Clarifies Federal Contractor Immunity Standards

Fisher Phillips • January 26, 2016
The Supreme Court both limited and expanded the legal standards that relate to federal contractor immunity from lawsuits in a decision released last week. According to the January 20, 2016 decision in Campbell-Ewald Co. v. Gomez, a contractor’s immunity from liability for work performed under contract with the federal government is qualified, rather than absolute; however, such immunity is not limited to the context of property damage resulting from public works projects.

Supreme Court Weighs in on Class Action "Pick Off", but Leaves Significant Questions Unanswered

Jackson Lewis P.C. • January 21, 2016
The U.S. Supreme Court today 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 it), and along with it, rendering the class action moot. Campbell-Ewald Co. v. Gomez.

SCOTUS: Offer of Judgment Does Not Moot TCPA Case

Jackson Lewis P.C. • January 20, 2016
Today, in a 6-3 decision, the Supreme Court of the United States held in Campbell-Ewald Co. v. Gomez that an unaccepted settlement offer or offer of judgment does not moot a plaintiff’s case. As previously discussed, the Supreme Court granted a petition for a writ of certiorari on May 18, 2015 and heard arguments in the case on October 14, 2015.

U.S. Supreme Court Issues Decision In ‘Pick-Off’ Case

Jackson Lewis P.C. • January 20, 2016
This morning the U.S. Supreme Court issued its decision in Campbell-Ewald Company v. Gomez. Here is the decision. The Court decided (6-3) that an unaccepted offer of judgment does not moot a case, resolving the circuit split, and answering the question left unanswered in Genesis Healthcare Corp. v. Symczyk (more on Genesis and the lead-up to Campbell-Ewald discussed here). The majority adopted Justice Kagan’s dissent in Genesis. The Court did not decide what would happen if the defendant deposits the full amount due (as opposed to just making the offer) and the court enters judgment in that amount, leaving that issue for another day. More analysis of the decision to follow.

Class Actions in the Balance: U.S. Supreme Court Hears Oral Argument in ‘Pick-Off’ Case

Jackson Lewis P.C. • October 15, 2015
The U.S. Supreme Court heard oral argument in Campbell-Ewald Company v. Gomez, No. 14-857, a case that could significantly affect the viability of class action litigation, particularly wage and hour class actions, though the case pending before the Court arises under the Telephone Consumer Protection Act (TCPA).

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