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Expert Analysis

A Potential Secret Sauce For Mooting Class Claims

Law360, New York ( September 29, 2016, 12:33 PM EDT) -- In his dissenting opinion in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 683 (2016), U.S. Supreme Court Chief Justice Roberts pondered what it would take to moot the claim of a would-be class action plaintiff who refused to take "yes" for an answer. We now know that an unaccepted Rule 68 offer of judgment does not end an Article III case or controversy, and will not moot a plaintiff's claim. See id., at 672. What remains uncertain is whether there are any steps a party can take to terminate a putative class action nonconsensually before class certification is litigated....

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