Yet another court has found that an unaccepted Rule 68 Offer of Judgment will not moot a putative class action, even where the offer purports to satisfy all of plaintiff’s demands. Plaintiffs sued in the Eastern District of Missouri and proposed to represent a class of at least 60 former joint venture general managers of Panera Bread Company whose buyout payments from Panera were allegedly capped at an amount lower than that to which they contractually agreed. Plaintiffs ... Keep Reading »
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First Circuit Holds an Unaccepted Rule 68 Offer Made Prior to Class Certification Won’t Moot Plaintiff’s Claims. Will Supreme Court Agree?
The First Circuit recently joined the Second, Fifth, Seventh, Ninth, and Eleventh Circuits in holding that a Rule 68 offer made prior to class certification and rejected by plaintiff does not moot the plaintiff’s claim. The plaintiff, a private high school, brought the action against the corporate developer of a college-entrance exam, alleging violations of the Telephone Consumer Protection Act and an analogous state statute related to unsolicited faxes it received. ... Keep Reading »
Fifth Circuit Holds Unaccepted Rule 68 Offer of Judgment Cannot Moot a Named Plaintiff’s Claim in a Putative Class Action
The defendant in a putative class action brought pursuant to the Electronic Funds Transfer Act (EFTA), 15 U.S.C. § 1693, et seq., tendered a Rule 68 offer of judgment to the named plaintiff before class certification briefing occurred. The defendant proposed to settle with the named plaintiff for the maximum allowable statutory damages for his individual claim, and to pay costs accrued and reasonable and necessary attorney fees, through the date of acceptance of the ... Keep Reading »
Seventh Circuit Cleans Up the Law; Holds Rule 68 Offer of Complete Relief Does Not Render Litigation Moot
In a case that began as a putative class action, the Seventh Circuit held that a Rule 68 offer of complete relief does not render litigation moot. Plaintiff in Chapman v. First Index filed a "junk-fax" suit pursuant to the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq., after allegedly receiving two unsolicited and unauthorized faxes from First Index. He demanded $3,000 plus an injunction under § 227(b)(3)(A). Plaintiff proposed to represent a class ... Keep Reading »
Eleventh Circuit Holds Unaccepted Rule 68 Offer To Named Plaintiffs Does Not Moot A Class Action
The Eleventh Circuit recently held that a defendant may not moot a class action through an unaccepted Federal Rule of Civil Procedure 68 offer of complete relief to the named plaintiffs—but not to class members—before the named plaintiffs move to certify the class. In doing so, the Eleventh Circuit joined the majority of circuits that have addressed the same issue. Named plaintiffs filed a class action in state court against Buccaneers Limited Partnership (“BLP”) ... Keep Reading »
14 Days Or Bust: Fourth Circuit Bolsters “Rigid And Inflexible Rule” For Appealing Certification Orders
Artful attempts to appeal a class certification order beyond fourteen days will not impress the Fourth Circuit. In Nucor, the district court certified two classes relating to substantive allegations of racial discrimination. The district court then denied a motion to reconsider, triggering the fourteen day period for filing an interlocutory appeal. Defendants, however, subsequently filed three motions for decertification, and one of them succeeded in part: it ... Keep Reading »
Ninth Circuit Holds On 23(f) Appeal That District Court Abused Its Discretion By Weighing The Merits In Denying Certification
After granting the plaintiffs’ Rule 23(f) petition, the Ninth Circuit reversed a denial of class certification, finding that the district court had improperly weighed the merits of the plaintiffs’ Rule 23(a)(2) commonality evidence. The plaintiffs’ complaint alleged that the defendant’s criteria for promoting police officers to investigative positions created a disparate impact on those candidates over the age of 40, which violated California’s Fair Employment and ... Keep Reading »
Classified (Bi-)Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts July and August 2024
The Roundup covers notable class action decisions from federal appellate courts and notable Supreme Court class action cert petitions. First Circuit Nightingale v. National Grid USA Service Co. – This is a decision about Massachusetts consumer protection law with a notable class action overlay. A Massachusetts statute prohibits unfair or deceptive trade practices or acts, and a Massachusetts regulation provides that a debt collector violates this statute if it ... Keep Reading »
Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts June 2024
The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions. Sixth Circuit Wayside Church v. Van Buren County – A law firm communicated with members of a putative class regarding the putative class action in which they were members—the catch is that the firm was not putative class counsel. The district court entered a protective order barring further such ... Keep Reading »
Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts May 2024
The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions. Third Circuit Forsythe v. Teva Pharmaceutical Industries Ltd. – The district court certified a securities class action against Teva, which filed a Rule 23(f) petition seeking permission to appeal that order. Teva argued that the Third Circuit should take the interlocutory appeal to resolve a novel issue, ... Keep Reading »
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