A divided Supreme Court ruled today in Campbell-Ewald Co. v. Gomez, No. 14-857, that an unaccepted Rule 68 offer of judgment by a defendant cannot moot a putative class action. The decision settles a reserved question from...more
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...more
8/31/2015
/ Attorney's Fees ,
Campbell Ewald v Gomez ,
Class Action ,
Class Certification ,
EFTA ,
Electronic Fund Transfer Act ,
Fair Labor Standards Act (FLSA) ,
Genesis HealthCare ,
Genesis Healthcare Corp. v. Symczyk ,
Mootness ,
Motion to Dismiss ,
Putative Class Actions ,
Rule 68 ,
SCOTUS ,
Statutory Damages ,
Subject Matter Jurisdiction
The value of the claim at issue, not the value of the policy limit, is considered for purposes of determining the amount in controversy in an insurance coverage class action. That, the Middle District of Florida found, is the...more