This morning the U.S. Supreme Court issued its decision in Campbell-Ewald Company v. GomezHere 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.

 

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Photo of Douglas J. Klein Douglas J. Klein

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…

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 City Commission on Human Rights. Mr. Klein defends employers in a wide range of labor and employment matters such as collective and class action wage and hour cases, discrimination cases and unfair labor practice charges. He also appears on behalf of clients in representation and decertification proceedings and collective bargaining negotiations.

Mr. Klein also counsels clients on compliance with federal and state labor and fair employment laws such as the Fair Labor Standards Act, Title VII of the Civil Rights Act, the Family and Medical Leave Act, the Uniformed Services Employment and Reemployment Rights Act, the National Labor Relations Act, the New York State Human Rights Law and the New York City Human Rights Law. He advises clients on a variety of other labor and employment issues including wage and hour compliance, facility closings, force reductions, restrictive covenants and human resources policy issues such as drug testing, social media and sexual harassment.

During law school, Mr. Klein served as a Notes and Comments Editor for the Brooklyn Law School Journal of Law & Policy. He also served as an intern for the National Labor Relations Board and as a judicial intern for the Honorable Jose L. Linares, U.S. District Court of New Jersey.