Alternative Strategies in Putative Class Actions After Campbell Ewald Co. v. Gomez

Until the Supreme Court's ruling in Campbell Ewald Co. v. Gomez (2016), a Rule 68 offer of judgment was a defense strategy often used to put settlement pressure on plaintiffs. Campbell Ewald clarified that, when a defendant makes a Rule 68 offer of judgment that satisfies a named plaintiff's claims in a class action, but the plaintiff refuses to accept it, a case does not become moot. The Court left open the possibility that certain kinds of unilateral acts by defendants might effectively stop a putative class action.

Defendants are experimenting with alternatives to Rule 68 offers of judgment to resolve putative class claims. Recent case law deals with a variety of these strategies. Both plaintiff and defense counsel must formulate strategies on the best jurisdiction for litigating their case.

Listen as our authoritative panel of litigators discusses techniques being used strategically by defense counsel to try to dispose of putative class actions. The panel will review the latest case law addressing the issue and best practices for plaintiff and defense counsel given the Supreme Court's decision in Campbell Ewald and subsequent lower-court rulings in this area.

1. Rule 68 offers of judgment--overview and impact of Campbell Ewald and subsequent cases
2. Strategic considerations

The panel will review these and other relevant questions:

• What is the impact of the Supreme Court's Campbell Ewald ruling and its progeny for defense counsel seeking to moot putative class actions?
• What are the alternatives to a Rule 68 offer of judgment for defendants in class litigation?
• What are some considerations, under Rule 68 or otherwise, for defense counsel evaluating whether and how to seek to moot putative class actions?