Seyfarth Synopsis: Following Delaware’s lead in Trulia, an Illinois District Court judge refused to approve a mootness fee settlement as “worthless to the shareholders.” The judge noted that such settlements amounted to a plaintiffs’ bar “racket” with the goal of obtaining fees in cases that should be “dismissed out of hand.” Specifically, Judge Thomas M.
Picked Off: The Supreme Court Rejects The Mooting Effect of Unaccepted Offers of Judgment and Settlement
A seemingly innocuous recruitment text message from the United States Navy has led to the official unraveling of a tactic long-used and widely-favored by defendants to escape a class action lawsuit before class certification. In a 6-3 decision, the United States Supreme Court rejected the argument that an unaccepted settlement offer or offer of judgment
https://www.consumerclassdefense.com/2014/12/1006/
Eleventh Circuit Rules Holds That Rule 68 Offers of Judgment to Named Plaintiffs Do Not Moot Their Ability to Represent a Putative Class.
As many of our readers are aware, one strategy defense counsel use to dispose of a putative class action at an early stage in the litigation is to make an individual offer
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