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ARTICLE · 12 AUGUST 2016

Class Claims Mooted By Accepted Offer Of Judgment

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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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.

United StatesLitigation, Mediation & Arbitration

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.

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