The fallout from the U.S. Supreme Court’s landmark decision in Campbell-Ewald Co. v. Gomez1 continues.
Campbell-Ewald denied class-action defendants the ability to moot an entire class action by making a settlement offer that, if accepted, would have completely satisfied the named plaintiff’s claim.2 Citing hornbook contract law, the court confirmed that “an offer of a bargain by one person to another, imposes no obligation upon the former, until it is accepted by the latter,” and an unaccepted offer of judgment falls squarely within this principle.3 The case resolved inconsistent rulings among district courts within the U.S. Court of Appeals for the Second Circuit regarding the viability of this tactic.
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