Member Article

Yesterday the Supreme Court issued its decision in the closely-watched case of Campbell-Ewald Co. v. Gomez, 577 U.S. __ (2016). The Court addressed a recurring issue in class action litigation: can a defendant avoid needless litigation expense by offering the named plaintiff everything he or she is seeking in the lawsuit, thereby mooting the plaintiff’s claim? A majority of the Court rejected that strategy, holding that an unaccepted offer to fully satisfy the named plaintiff’s individual claim neither moots the individual claim nor the class claim. Although the Court’s decision will stymie defendants’ efforts to avoid needless litigation expense by offering the named plaintiff full relief, the opinion leaves open a potential avenue for doing so—actually providing the plaintiff with full relief.

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