U.S. Supreme Court Issues Decision In ‘Pick-Off’ Case
On January 20, 2015 the U.S. Supreme Court issued its decision in Campbell-Ewald Company v. Gomez. Here is the decision. The Court decided (6-3) that an unaccepted offer of judgment does not moot a case, resolving the circuit split, and answering the question left unanswered in Genesis Healthcare Corp. v. Symczyk (more on Genesis and the lead-up to Campbell-Ewald discussed here). The majority adopted Justice Kagan’s dissent in Genesis. The Court did not decide what would happen if the defendant deposits the full amount due (as opposed to just making the offer) and the court enters judgment in that amount, leaving that issue for another day. More analysis of the decision to follow.