Cases Under Review: SCOTUS Decides That Unaccepted FRCP 68 Offer To Judgment On Named Plaintiff’s Individual Claims Does Not Moot The Individual Plaintiff’s Or Putative Class’s Complaint

 

Resulting Article III Controversy Requirement Met Because All Parties Remained Adverse After Offer Not Accepted.

    In Campbell-Ewald Co. v. Gomez, No. 14-857 (U.S. Supreme Court Jan. 20, 2016) (published), SCOTUS decided that an unaccepted F.R.Civ.P. 68 offer to judgment, which would have given complete relief as to the individual plaintiff’s claim, did not moot either the plaintiff’s individual claims or the putative class’s claims under the Complaint remaining intact.  Justice Ginsburg, writing for the majority in a 6-3 vote (with Justice Thomas concurring on a different basis), observed:  “With the offer off the table, and defendant’s continuing denial of liability, adversity between the parties persist” for Article III controversy purposes.