Defendant’s Right To Buy Off Lead Plaintiff Before Supreme Court

October 15, 2015

If a defendant offers to settle a class action for the maximum penalty allowed under the law, should plaintiffs be allowed to refuse? That is the question before the Supreme Court in Campbell-Ewald Company v. Gomez, in which a man is seeking class-action status to sue a telemarketing firm. Some legal experts argue that allowing plaintiffs to throw money at members of a potential class would undermine class action lawsuits generally. “Under the Constitution, it is controversy that establishes judicial jurisdiction,” the Wall Street Journal reports. “If there’s nothing to dispute or nothing the court can redress, Article III says the Third Branch shouldn’t get involved.” The case could have major ramifications for class action lawsuits going forward.

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