Circuit and District Courts Grapple with Questions Raised in the Wake of Campbell-Ewald v. Gomez
By Joseph C. Wylie II, Molly K. McGinley, Nicole C. Mueller
In the wake of Campbell-Ewald v. Gomez, in which the Supreme Court held that an unaccepted Rule 68 offer of complete relief does not moot a plaintiff’s individual claims, the Third Circuit recently held that an unaccepted settlement offer “has no force” and therefore neither the plaintiffs’ individual claims nor the class claims in the suit were mooted by defendant’s offer of full relief prior to the filing of a motion to certify a class in Weitzner et al. v. Sanofi Pasteur Inc. et al. (Our previous analysis of Campbell-Ewald can be found here.)