Justice Ginsburg Leads Supreme Court Majority To Deliver Blow To Big Business


Cristian Farias | Huffington Post | January 20, 2016

Nikki Kahn/The Washington Post via Getty Images
Justice Ruth Bader Ginsburg wrote the lead opinion in a case that sought to curtail class action lawsuits against corporations.

 

WASHINGTON — The U.S. Supreme Court on Wednesday issued the first decision in a series of class action cases this term that are widely viewed as attempts by business interests to shut the courthouse door to consumers and everyday plaintiffs.

In a 6-to-3 opinion in Campbell-Ewald v. Gomez, a case testing the limits on federal courts considering class-action disputes, the justices ruled that businesses can’t just “moot” a case by simply offering to settle it with the person who first brought it — let alone if the person rejected the offer.

Relying on contractual principles, Ginsburg said such offers have “no force.”

“Like other unaccepted contract offers, it creates no lasting right or obligation,” Ginsburg said. “With the offer off the table, and the defendant’s continuing denial of liability, adversity between the parties persists.”

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