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News
February 1, 2016

In the News Today – February 1, 2016

  • ‘Hint’ Offered by SCOTUS in the Gomez Decision?: In last month’s 6-3 ruling in Campbell-Ewald Co v. Gomez, the U.S. Supreme Court said businesses could not head off class actions merely by offering the lead plaintiff a settlement in the amount of full relief of his or her claims. However, “in a not-so-subtle hint as to how the defense bar should act in future,” Justice Ginsburg said that the results might be different if the company had gone ahead and deposited the claim into an account payable to the plaintiff and the “court had entered a judgment for him in that amount.” (Business Insurance)
     
  • SEC In-House Court ‘Home Field Advantage’ Spotlighted: The SEC’s “home court advantage is different from that enjoyed by the typical home sports team.” The agency “hires, pays and shares offices with its administrative judges … there are no jury trials, very little time to prepare and limited pretrial depositions … and, while the defense can appeal, the first bite at that apple goes to the same SEC commissioners who signed off on bringing the action in the first place.” (Metropolitan Corporate Counsel)

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