Next week, the U.S. Supreme Court will hear argument in a case that could have a substantial impact on class action and even individual federal court litigation. In Campbell Ewald Company v. Gomez, the Court will review whether a case becomes moot, and thus beyond the judicial power of Article III of the Constitution, when the plaintiff receives an offer of complete relief on his claim. The Court will also review whether the answer to the first question is any different when the plaintiff has asserted a class claim under Federal Rule of Civil Procedure 23, but receives an offer of complete relief before any class is certified.

A ruling by the Court that an offer of complete relief moots the named plaintiff’s individual and class claims would not only affect numerous pending class actions, but also give defendants an important potential defense to federal statutory and common law claims, including those filed as putative class actions. During this webinar, we will discuss the following topics that are applicable to consumer financial services and mortgage banking laws:

  • The factual and legal background of Gomez;
  • The sharp split in the lower courts that led to the granting of certiorari;
  • Whether the Court’s earlier holding in Genesis HealthCare v. Symczyk that Rule 68 offers can moot collective actions under the Fair Labor Standards Act will be extended to apply to Rule 23 class actions;
  • The potential impacts of the Court’s ruling on class action practice;
  • Strategic considerations in ongoing cases while Gomez is pending

DATE and Time

Tuesday, October 6, 2015
12:00 PM - 1:00 PM ET

MODERATOR

Alan S. Kaplinsky, Practice Leader
Consumer Financial Services Group  

Speakers

Mark J. Levin, Partner
Consumer Financial Services Group

Scott M. Pearson, Partner
Consumer Financial Services Group

Burt M. Rublin, Partner
Consumer Financial Services Group

This program is open to Ballard Spahr clients and members of the financial services industry. There is no cost to attend. This program is not eligible for continuing education credits.

Please register at least two days before the webinar. Login details will be sent to all approved registrants. For more information, contact Lisa M. Prickril at prickrill@ballardspahr.com. 

Related Practices

Consumer Financial Services
Mortgage Banking
Litigation
CFPB

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