In a decision handed down this week, a federal court in New Jersey did little to stem the tide of litigation under the Telephone Consumer Protection Act (“TCPA”). Declining to follow New Jersey state court precedent, the district court held that claims based on the faxing of identical commercial advertisements met the requirements of Rule
Whether Rule 68 Can Be Used to Moot a Putative Class Action Remains an Open Question in the Second Circuit
The Circuits are split as to what effect an offer of judgment directed to a named plaintiff has on a putative class action. The Seventh Circuit has taken a rigid view, holding that an unaccepted offer of judgment affording full relief to the named plaintiff renders a putative class action moot — unless there is