Jenner & Block

“Exploring Impact of Rejected Offer of Judgment in Class Actions,” New York Law Journal

In this article, Jenner & Block Partner Jeremy M. Creelan examines the implications of a case regarding whether class-action defendants can effectively end the cases against them by offering complete relief to the named plaintiffsvia an offer of judgment.  Mr. Creelan explains that the legal issue involves the intersection of two Federal Rules of Civil Procedure: the effect that Rule 68 – which allows defendants to serve offers of judgment on specified terms – has on Rule 23, which governs class actions.  The US Supreme Court will consider Campbell-Ewald v. Gomez in its upcoming term.  “The Court’s guidance cannot come too soon, as circuit courts around the country have answered the question in different ways, and it remains an open question in the US Court of Appeals for the Second Circuit,” he observes.