August 11, 2020

Volume X, Number 224

August 11, 2020

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August 10, 2020

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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.

Jackson Lewis P.C. © 2020National Law Review, Volume VI, Number 21

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About this Author

Douglas J. Klein, Jackson Lewis, arbitration attorney, labor employment lawyer
Associate

Douglas J. Klein is an Associate in the New York City, New York, office of Jackson Lewis P.C. He is engaged exclusively in the practice of labor and employment law on behalf of management.

Mr. Klein regularly appears in federal and state courts, at arbitrations and mediations and before administrative agencies such as the Equal Opportunity Commission, the National Labor Relations Board, the United States Department of Labor, the New York State Department of Labor, the New York State Division of Human Rights and the New York...

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