Supreme Court to hear case concerning class actions

Supreme Court to hear case concerning class actions

[JURIST] The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in Campbell Ewald Company v. Gome [docket; cert. petition, PDF]. The case comes to the Supreme Court on appeal from a Ninth Circuit decision [text, PDF] and presents three issues: 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; 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; and whether the doctrine of derivative sovereign immunity recognized in Yearsley v. W.A. Ross Construction Co. (1940) [opinion], for government contractors is restricted to claims arising out of property damage caused by public works projects. Should the court answer in the affirmative for the first question, and in the negative for the second, businesses would be allowed to pre-empt costly class action suits by offering the lead plaintiff everything to which he would have been entitled, in order to eliminate the suit’s viability.