January 20, 2016
Partner Jonathan K. Cooperman was quoted in the Law360 article “Lawyers Weigh In On High Court's Class Action Ruling.” On January 20, the Supreme Court ruled that defendants facing a Telephone Consumer Protection Act suit couldn't escape a class action by making a settlement offer to individual plaintiffs. While this case arose in the context of a putative class action asserting violations of the Telephone Consumer Protection Act, it applies to Rule 23 class actions generally.
Regarding the implications of the verdict, Mr. Cooperman stated, "In Campbell-Ewald Company v. Jose Gomez, the Supreme Court resolved a circuit split and held that an unaccepted offer of judgment pursuant to FRCP 68 does not moot the individual or class claims of a putative class action plaintiff when the offer is made prior to class certification. While a defendant can no longer moot a putative class action simply by offering complete relief to the named plaintiff, the court left open the possibility that actual payment — as opposed to a mere offer of payment — with corresponding entry of judgment may result in dismissal on mootness grounds."
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