August 17, 2022

Volume XII, Number 229

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August 17, 2022

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August 16, 2022

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August 15, 2022

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The Fifth Circuit Agrees That Defendants May Not ‘Pick Off’ Class Representatives With Full Settlement Offers Alert

On Aug. 12, 2015, less than a week after the Seventh Circuit’s decision in Chapman v. First Index, Inc., the Fifth Circuit followed its previous rulings and agreed with decisions from the Third, Seventh, Ninth, Tenth and Eleventh Circuits. The court concluded that an unaccepted full settlement offer to a class representative does not moot the named plaintiff’s individual claims or the class action.

Unlike Chapman, the Fifth Circuit in Hooks did not discuss a potential affirmative defense based on the rejected offer. This issue is currently before the Supreme Court in Gomez v. Campbell-Ewald Company.

© 2022 BARNES & THORNBURG LLPNational Law Review, Volume V, Number 229
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About this Author

Adeyemi Adenrele White Collar Litigator
Associate

Adey O. Adenrele is an associate in Barnes & Thornburg's Washington D.C., office and a member of the firm's Litigation Department and the White Collar and Investigations Practice Group. He concentrates his practice on white collar defense, internal investigations, corporate compliance and ethics, antitrust matters, and complex civil litigation. Adey also litigates general commercial and product liability cases.

 

Adey represents clients in investigations by several government agencies, including the U.S. Department of Justice (DOJ), the Securities and Exchange Commission...

317-231-7365
Christine E. Skoczylas, Barnes Thornburg Law Firm, Chicago, Insurance and Litigation Law Attorney
Partner

Christine Skoczylas is a partner in the Chicago office of Barnes & Thornburg and a member of the firm’s Litigation Department and Co-Chair of the Commercial Litigation Practice Group. She is also a member of the Policyholder Insurance Recovery and Counseling Practice Group. She concentrates her practice on resolving corporate and business disputes and has represented clients in a wide range of state and federal litigation, class action litigation, arbitration, and appellate matters, including breach of fiduciary duty, fraud, and tort actions, products liability cases...

312-214-5613
T. Joseph Wendt Litigation lawyer Barnes Thornburg
Partner

Joe Wendt is a partner in the Litigation Department in the Indianapolis office of Barnes & Thornburg and Co-Chairs the Commercial Litigation Practice Group.

Joe's practice focuses on commercial disputes, with experience representing heavy equipment manufacturers, real estate development and construction companies, utilities and entities involved in energy trading.

Representative cases include:

  • Obtained judgment in favor of a global manufacturer on claims that it violated the False Claims Act through purchases from an allegedly sham, minority-owned entity....
317-231-7748
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