Settlement, Mootness

Did the Third Circuit Just Create a Backdoor Around Purdue? A Closer Look at the Boy Scouts Ruling and Section 363(m)

Nelson Mullins Riley & Scarborough LLP on 5/19/2025

On May 13, 2025, the Third Circuit issued a high-stakes opinion in In re Boy Scouts of America, affirming the confirmation of a Chapter 11 plan that includes nonconsensual, nondebtor third-party releases—despite the U.S....more

Florida Appeals Court Decisions Week of March 3 - 7, 2025

Carlton Fields on 3/10/2025

U.S. Eleventh Circuit Court of Appeals - Gray TV v. FCC - license, forfeiture, owning top stations in market - Liberty Surplus v. Kaufman - insurance, Fla law, course of construction exclusion, settlement proposal - ...more

Union Jacked, Founders Keepers, Cold Comfort, and Little Appeal

Seward & Kissel LLP on 10/9/2023

International Longshore and Warehouse Union files for bankruptcy | Reuters - The International Longshore and Warehouse Union (ILWU) has filed for a Chapter 11 bankruptcy protection to fend off long standing litigation...more

More Alike Than Different: Sixth Circuit Instructs MDL Court to Find Efficiencies Within Federal Rules Governing Individual Cases

Carlton Fields on 5/12/2020

Judges presiding over multidistrict litigations, known as MDLs, must walk a tightrope between individual and collective needs. ...more

District Court Judge Rejects M&A Mootness Fee Settlement As A “Racket” That “Must End”

Seyfarth Shaw LLP on 7/2/2019

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...more

Texas Bankers and Nebraska Retailer Fight Back Against “Troll-Like” ADA Title III Website Accessibility Litigation

Seyfarth Shaw LLP on 3/2/2017

Seyfarth Synopsis: Retailer and Texas bankers go on the offense in response to ADA Title III lawsuits and demand letters. Hundreds, possibly thousands, of banks, retailers, and other businesses have received demand...more

Supreme Court Takes On Class Actions, Again

Sheppard Mullin Richter & Hampton LLP on 10/29/2015

Over recent years the United States Supreme Court has waded deep into the waters of class certification, significantly altering the playing field for class action claims. As the Supreme Court continues its 2015 session, it...more

Clarification for Class Action Settlements May Be on the Line As Supreme Court Grants Cert in TCPA Case

Proskauer - Advertising Law on 7/19/2015

Last year, in Gomez v. Campbell-Ewald Co., No. 13-55486, 2014 WL 4654478 (9th Cir. Sept. 19, 2014), the U.S. Court of Appeals for the Ninth Circuit held that offers of complete relief made to individual plaintiffs under Fed....more

What Will Be in the Coming Class Action Amendments?

McGuireWoods LLP on 12/10/2014

I’ve written a little so far about the fact that Rule 23 is likely to undergo revision in the next few years. Last week Judge Robert Michael Dow, who is a member of the Advisory Committee on the Rules of Civil Procedure’s...more

Rule 68 Offer That Excludes Individual Claim Does Not Moot Putative FLSA Collective Action

BakerHostetler on 12/13/2013

The recent decision in Silva v. Tegrity Personnel Svcs., Inc., Case No. 4:13-cv-00860 (S.D. Tex. 12/5/2013), suggests that some district courts haven’t fully embraced the Supreme Court’s holding in Genesis Healthcare Corp. v....more

Can "Mooting" a Class or Collective Action Be a Sound Defense Strategy?

Foley & Lardner LLP on 6/5/2013

Procedural rules that govern lawsuits in federal court permit defendants to make an “offer of judgment,” which is a mechanism allowing a defendant to offer to settle a lawsuit....more

United States Supreme Court Confirms that a Timely and Properly Worded Offer of Judgment May Moot a Collective Action

BakerHostetler on 4/25/2013

Last week, the United States Supreme Court confirmed what we informed readers of in our Employment Class Action Blog on February 21, 2011, "A timely and properly worded offer of judgment may moot a collective action and...more

Supreme Court Reverses Third Circuit Decision Precluding Early Use Of Offer Of Judgment To Defeat An FLSA Collective Action

McNees Wallace & Nurick LLC on 4/22/2013

In 2011, the Third Circuit held that a pre-certification offer of judgment made by a defendant-employer to an individual plaintiff would not require dismissal of the plaintiff's entire FLSA collective action, even if the...more

Delaware Supreme Court Allows Opt-Out Right in Securities Case Certified on Equitable Grounds

BakerHostetler on 1/16/2013

In In Re Celera Corporation Shareholder Litigation, No. 212, 2012 (Del. Dec. 27, 2012), the Delaware Supreme Court reversed the lower Court of Chancery and ruled that a large holder of Celera Corporation (“Celera”) shares...more

Delaware Supreme Court Addresses Settlement of Class Action Deal Litigation

Wilson Sonsini Goodrich & Rosati on 1/8/2013

In the final days of 2012, the Delaware Supreme Court resolved an appeal arising out of class action litigation concerning the sale of Celera Corporation to Quest Diagnostics, Inc. The litigation was settled by agreement of...more

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