Campbell-Ewald Co. v. Gomez
Issues
- Does a claim become moot when the plaintiff receives an offer of complete relief; and does the answer change if that plaintiff purports to represent an uncertified class?
- Does the doctrine of derivative sovereign immunity extend generally to government contractors acting within the scope of their contract, or is it limited to claims of property damage related to public works projects?
This case presents two issues. First, the Supreme Court will determine whether a case is moot when a plaintiff receives an offer of complete relief for his claims, even if one of the plaintiff’s claims was made on behalf of an uncertified class of litigants. Petition for Writ of Certiorari, Campbell-Ewald Co. v. Gomez, No. 14-857, 13 (Feb. 19, 2015). If the case is not moot, the Court will consider whether the doctrine of derivative sovereign immunity for government contractors is restricted to claims arising out of property damage caused by public works projects or is applicable in other cases. See Brief for Petitioner, Campbell-Ewald Co. at 36–37, 42. Government contractor Campbell-Ewald argues that an offer of complete relief renders the plaintiff’s individual and class claims moot. See id. at 26–27. But the plaintiff, Jose Gomez, contends that an unaccepted offer does not moot a claim. See Brief for Respondent, Jose Gomez at 37. Additionally, Campbell-Ewald argues that it qualifies for derivative sovereign immunity. See Brief for Petitioner at 36–37, 42. However, Gomez argues that only contractors working on public works projects are entitled to such immunity. See Brief for Respondent at 44. This case may affect the viability of class action lawsuits, and may define the scope of derivative sovereign immunity. See Brief of Amicus Curiae Constitutional Accountability Center, in Support of Respondent at 19; Brief of Amicus Curiae KBR, Inc., in Support of Petitioner at 23.
Questions as Framed for the Court by the Parties
- Does a case become moot, and thus beyond the judicial power of Article III, when the plaintiff receives an offer of complete relief on his claim?
- Is the answer to the first question any different when the plaintiff has asserted a class claim under Federal Rule of Civil Procedure 23, but receives an offer of complete relief before any class is certified?
- Is the doctrine of derivative sovereign immunity recognized in Yearsley v. W.A. Ross Construction Co., 309 U.S. 18 (1940), for government contractors, restricted to claims arising out of property damage caused by public works projects?
In 2005, the U.S. Navy contracted Campbell-Ewald Co. to provide the Navy advertising services. See Campbell-Ewald v. Gomez, No. 13-55486, at 4 (9th Cir.
Additional Resources
- Lawrence Hurley, U.S. Top Court Agrees to Weigh U.S. Navy Text Message Lawsuit, Reuters (May 18, 2015).