Gomez v. Campbell-Ewald Co.

Summarized by:

  • Court: United States Supreme Court
  • Area(s) of Law: Civil Law
  • Date Filed: May 18, 2015
  • Case #: 13-55486
  • Judge(s)/Court Below: Circuit Judge Benavides for the Court; Circuit Judges Wardlaw & Clifton.
  • Full Text Opinion

Whether a plaintiff's claim under the Telephone Consumer Protection Act is moot when the plaintiff is offered complete relief. Whether derivative sovereign immunity is limited to public works projects.

Petitioner is a subcontractor hired by a media company contracted to promote the United States Navy to men between the ages of 18-24. Respondent, a forty year-old man never consented to receive a text message from petitioner and filed an action for violation of the Telephone Consumer Protection Act (TCPA), which prohibits companies from sending unsolicited pre-recorded messages directly to consumers. Respondent also brought suit as a member of a putative class. Petitioner attempted to settle with respondent for the full amount of the claim, but respondent let the offer lapse. The Ninth Circuit denied petitioner’s motion for summary judgment. The U.S. Supreme Court granted certiorari to determine if respondent’s claim was moot once plaintiff was offered complete relief either before or after the class was certified. The Court will also decide if the Ninth Circuit correctly overturned the district court’s determination to apply derivative sovereign immunity under Yearsley, which granted immunity to subcontractors in public works projects.

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