United States:
Class Claims Mooted By Accepted Offer Of Judgment
12 August 2016
Kramer Levin Naftalis & Frankel LLP
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Montgomery v. Kraft Foods Global, Inc., 822
F.3d 304 (6th Cir. 2016)
The Sixth Circuit affirmed the district court's order
denying class certification of plaintiff's consumer protection
claims relating to her purchase of a Tassimo coffeemaker, holding
that her acceptance of a Rule 68 offer of judgment foreclosed her
appeal. Plaintiff had accepted an offer including costs and
attorney fees, thus eliminating any putative benefit from class
certification. The panel observed that the Supreme Court's
decision in Campbell-Ewald "provides little
instruction" because that case involved an unaccepted offer of
judgment. View the decision. Read our
discussion of Campbell-Ewald in Issue 2.
The content of this article is intended to provide a general
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