Demand letters under consumer protection statutes should not be ignored and may, in limited instances, offer a way to head off significant litigation. For instance, in Demmler v. ACH Food Companies, Inc., Case No. 15-13556 (D. Mass. …
On January 20, 2016, the Supreme Court held in Campbell-Ewald v. Gomez, 136 S. Ct. 663, 672, 193 L. Ed. 2d 571 (2016) that an unaccepted pre-certification settlement offer of complete relief in a putative class action, made to an individual plaintiff, does not moot that plaintiff’s claims. As discussed in our previous coverage of Campbell-Ewald, the Supreme Court’s …
A federal appeals court, taking up an issue left open by a recent U.S. Supreme Court ruling, said in a decision last month that tendering funds to a class action plaintiff — not just offering to tender — still does not moot a case. The U.S. Court of Appeals for the Sixth Circuit, in its July 6 opinion in Mey v. N. Am. Bancard LLC, was forced to take up a question …
The Supreme Court on Wednesday handed a defeat to businesses, ruling that they cannot stop a class-action lawsuit by offering to pay the full amount sought by the original plaintiff. In a 6-3 decision, the Supreme Court sided against advertising firm Campbell Ewald that was trying to avoid a class-action lawsuit. ADVERTISEMENT “An unaccepted settlement offer or offer of judgment does not moot a …
The Supreme Court on Wednesday handed a defeat to businesses, ruling that they cannot stop a class-action lawsuit by offering to pay the full amount sought by the original plaintiff. In a 6-3 decision, the Supreme Court sided against advertising firm Campbell Ewald that was trying to avoid a class-action lawsuit. ADVERTISEMENT “An unaccepted settlement offer or offer of judgment does not moot a …
The Supreme Court on Wednesday handed a defeat to businesses, ruling that they cannot stop a class-action lawsuit by offering to pay the full amount sought by the original plaintiff. In a 6-3 decision, the Supreme Court sided against advertising firm Campbell Ewald that was trying to avoid a class-action lawsuit. ADVERTISEMENT “An unaccepted settlement offer or offer of judgment does not moot a …