Monday, May 18, 2015
SCOTUS Cert Grant on Article III, Mootness, Class Actions & Sovereign Immunity
Today the Supreme Court granted certiorari in Campbell-Ewald Company v. Gomez, which presents the following questions:
1. 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.
2. 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.
3. Whether the doctrine of derivative sovereign immunity recognized in Yearsley v. W.A. Ross Construction Co., 309 U.S. 18 (1940), for government contractors is restricted to claims arising out of property damage caused by public works projects.
You can see all of the cert-stage briefing, and keep track of the merits briefs as they come in, at SCOTUSblog.
https://lawprofessors.typepad.com/civpro/2015/05/scotus-cert-grant-on-article-iii-mootness-class-actions-sovereign-immunity.html