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Supreme Court Recently Held That Unaccepted Offer of Judgment Will Not Moot Class Action

Until recently, a circuit split existed concerning whether an Offer of Judgment made prior to class certification could moot a class action.  On January 20, 2016, the Supreme Court resolved this issue finding that an unaccepted Offer of Judgment made pursuant to FRCP 68 will not preclude a class action suit. Campbell-Ewald Co. v. Gomez, No. 14-857 (U.S. Jan. 20, 2016).   As it relates to consumer litigation involving financial services, the decision will likely promote and foster additional class action litigation.  

Text of the decision can be found here.


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