Alternative Strategies in Putative Class Actions After Campbell Ewald Co. v. Gomez

Evaluating Mootness Issues, Placeholder Class Certification Motons, and Impact of Pick-Off Strategy

This program is postponed. New date TBD.

A live 90-minute CLE webinar with interactive Q&A

Date: TBD

This CLE webinar will examine the strategic use of attempts to moot putative class actions, alternatives to use of Rule 68, and considerations for counsel on choice of jurisdiction and future issues the courts will face in this area.


The Rule 68 offer of judgment was a defense strategy often used to put settlement pressure on plaintiffs. The Supreme Court's ruling in Campbell Ewald Co. v. Gomez (2016) clarified that a case does not become moot when a defendant makes a Rule 68 settlement offer that satisfies a named plaintiff's claims in a class action suit, but the plaintiff refuses to accept it. The Court left open the possibility that certain kinds of unilateral acts by defendants might effectively stop a putative class action.

Defendants are experimenting with alternatives to Rule 68 offers of judgment to resolve putative class claims. Recent case law deals with a variety of these strategies. Both plaintiff and defense counsel must formulate strategies on the best jurisdiction for litigating their case.

Listen as our authoritative panel of class litigators discusses how Rule 68 offers of judgment and alternative techniques are being strategically used by defense counsel to try to dispose of putative class actions. The panel will review the latest case law addressing the issue and best practices for plaintiff and defense counsel given the Supreme Court's decision in Campbell Ewald and subsequent lower-court rulings in this area.



  1. Rule 68 offers of judgment--overview and impact of Campbell Ewald and subsequent cases
  2. Strategic considerations for alternatives to Rule 68 offers of judgment


The panel will review these and other relevant questions:

  • What is the impact of the Supreme Court's Campbell Ewald ruling and its progeny for defense counsel seeking to moot putative class actions?
  • What are the alternatives to a Rule 68 offer of judgment for defendants in class litigation?
  • What are some considerations, under Rule 68 or otherwise, for defense counsel evaluating whether and how to seek to moot putative class actions?


Marnach, Andrew
Andrew J. Marnach

Bassford Remele

Mr. Marnach is a trial lawyer whose practice focuses on commercial litigation, construction and products liability. An...  |  Read More

Riback, Stuart
Stuart M. Riback

Wilk Auslander

As a business litigator with more than 30 years of experience, Mr. Riback has handled a wide range of complex...  |  Read More