Campbell-Ewald Co. v. Gomez
- Case Date: 7/23/2015
- Project Name: Class Action Reform
On January 20, 2016, the U.S. Supreme Court ruled that a lawsuit should not be dismissed as moot simply because the defendant unconditionally offers to give the plaintiff everything he has asked for in a lawsuit. The decision was a setback for WLF, which filed a brief arguing that no actual controversy exists once the defendant has offered to provide complete relief, and that a plaintiff has no right to insist on a trial of his claims when he has already been offered everything he could hope to win at a trial. The issue arises with increasing frequency because lawyers representing a single plaintiff often resist offers of complete settlement in hopes that their client will be named as the representative of a nationwide class of similarly-situated individuals. The Court held that plaintiffs have an absolute right to refuse to take “yes” for an answer, at least up until the time that the defendant actually deposits funds in an account for the plaintiff’s benefit.
More Information and Downloads:
7/23/2015: Download the Brief
The Federalist Society: The Texting Case: Preview of Campbell-Ewald Supreme Court argument