U.S. Supreme Court Rules Employers Cannot Avoid Class Actions By Offering Complete Relief to Plaintiffs
1 min read
Jan 20, 2016
In a 5-3 decision, the United States Supreme Court affirmed the Ninth Circuit’s decision in Campbell-Ewald Co. v. Gomez, holding that an unaccepted settlement offer or offer of judgment providing for an individual plaintiff complete relief does not moot a class action complaint, resolving a split among circuits. However, the Court limited its holding by declining to address “whether the result would be different if a defendant deposits the full amount of the plaintiff's individual claim in an account payable to the plaintiff, and the court then enters judgment for the plaintiff in that amount.” The Court’s dissenting opinions and concurring opinions suggest actual tender would moot the plaintiff’s claim.
The upshot from today’s decision is that employers can no longer avoid class action complaints by merely offering the individual plaintiff complete relief before class certification. The question remains open as to whether employers can avoid class actions by tendering payment to the plaintiff before class certification. Therefore, if confronted with a class action, you should consult with your Hinshaw attorney about the pros and cons of tendering complete relief to the plaintiff as a defense strategy.
Featured Insights

Event
Apr 23, 2026
Driving Ahead: Insights from Industry Leaders Auto Finance Seminar

Healthcare Alert
Mar 26, 2026
Are You Beyond the Red Line? Mastering Your FQHC’s Scope of Project to Avoid Noncompliance

Webinar
Mar 24, 2026
David Alfini on How Regulatory Citations Become Senior Living Risk

Consumer Crossroads: Where Financial Services and Litigation Intersect
Mar 18, 2026
How Should Entities Prepare for California’s New DFAL Licensing Requirement?

Webinar
Mar 17, 2026
Legal Insights on Medical Aid in Dying from Katie Anderson and Adam Guetzow

Consumer Crossroads: Where Financial Services and Litigation Intersect
Mar 13, 2026
DOJ Settlement with Car Retailer Highlights SCRA Repossession Risks

Privacy, Cyber & AI Decoded Alert
Mar 11, 2026
Compliance Considerations for GDPR Consent in Biotech Clinical Research




![[VIDEO] Lucy Wang Featured in Business Interview TV Series](/a/web/28aUdvEJH2Txwy8MGsu35J/bo3TFX/featured-in-the-business-insurance-business-interview-series-insights.jpg)
