Client Alert: Campbell-Ewald Co. v. Gomez – A Temporary Victory for Plaintiffs in the Class Action War?

The U.S. Supreme Court has over the past several years handed down a series of cases significantly undercutting the ability of plaintiffs to bring massive class actions.  This week, the Court took a step in the opposite direction in a split decision in Campbell-Ewald Co. v. Gomez, holding that an unaccepted settlement offer or offer of judgment does not moot a plaintiff’s case.  At first blush, Gomez might seem like a big win for class action plaintiffs, but the Court’s opinion may be interpreted very narrowly in the future.  Given the ever-increasing filing of consumer class actions, it seems likely that the Supreme Court will revisit the scope of this decision sooner than we think.