Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

Term

2015 Term

Oral Argument Date

October 14, 2015

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Questions Presented

1. Whether a case becomes moot, and thus beyond the judicial power of Article III, when the plaintiff  receives an offer of complete relief on his claim.

2. 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.

3. Whether the doctrine of derivative sovereign immunity recognized in Yearsley v. W.A. Ross Construction Co., 309 U.S. 18 (1940), for government contractors is restricted to claims arising out of property damage caused by public works projects.

Case Updates

U.S. Supreme Court holds that an unaccepted settlement offer of full relief does not moot a plaintiff’s claims

January 20, 2016

The Supreme Court held by a 6-3 vote that an unaccepted settlement offer of full relief does not moot a plaintiff’s claims. The Court left open the question whether a defendant’s tendering of full payment would moot the plaintiff’s claim.

U.S. Chamber argues that an offer of full relief moots a plaintiff’s claim

July 23, 2015

The U.S. Chamber filed a brief on the merits in a Telephone Consumer Protection Act (“TCPA”) case regarding whether a class action may move forward when the named plaintiff has already received an offer of full settlement.

The Chamber’s brief argued that an offer of full relief moots a plaintiff’s claim, and that this rule must apply in the class action context because permitting putative class actions to proceed without an interested named plaintiff violates Article III and Rule 23 while inviting abuse and gamesmanship.

The Business Roundtable filed the brief jointly with the Chamber.

Theodore J. Boutrous Jr. and Theane Evangelis of Gibson, Dunn & Crutcher LLP represented the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Cert. petition granted

May 18, 2015

U.S. Chamber urges Supreme Court to review whether an offer of full relief moots a plaintiff’s claim

February 19, 2015

The Chamber urged the Supreme Court to review a Telephone Consumer Protection Act (“TCPA”) case regarding whether a class action may move forward when the named plaintiff has already received an offer of full settlement.

The Business Roundtable filed the brief jointly with the Chamber.

Theodore J. Boutrous Jr. and Theane Evangelis of Gibson, Dunn & Crutcher LLP represented the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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