Articles Posted in US Court of Appeals for the Seventh Circuit

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Fulton received an unsolicited fax from Bisco and sued for damages under the Telephone Consumer Protection Act, 47 U.S.C. 227. Before Fulton moved for class certification, Bisco tried to moot its claim by tendering an offer ($3,005 plus costs) under Federal Rule of Civil Procedure 68 that, Bisco claimed, gave Fulton all possible individual relief. Two days after Bisco’s offer, the Supreme Court held that “an unaccepted settlement offer or offer of judgment does not moot a plaintiff’s case.” Fulton rejected the offer. Bisco then moved to deposit $3,600 with the court under Rule 67. The court dismissed the suit, concluding that Bisco’s maneuver mooted Fulton’s individual claim and disqualified it from serving as a class representative. The Seventh Circuit remanded, finding dismissal premature. Bisco’s payment did not moot the case; the court’s registry does not function as plaintiff’s account. An unaccepted offer to settle a case, accompanied by a payment intended to provide full compensation into the registry of the court under Rule 67, is no different in principle from an offer of settlement made under Rule 68. It is not clear, as a matter of law, that the unaccepted offer was sufficient to compensate Fulton for its loss of the opportunity to represent the putative class. View "Fulton Dental, LLC v. Bisco, Inc." on Justia Law

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Plaintiffs brought a class action under 42 U.S.C. 1983, alleging that the practices of the Marion County Sheriff’s Department and the Consolidated City of Indianapolis and Marion County caused them to be detained in jail awaiting release for an unreasonably long period of time, in violation of the Fourth Amendment. The district court granted certification for two proposed subclasses but denied it as to three. Plaintiffs appealed, under FRCP 23(f), the denial of certification of classes consisting of individuals who, from December 2012 to the present, were held in confinement after legal authority for those detentions ceased, due to the Sheriff’s practices of operating under a standard of allowing up to 72 hours to release prisoners who are ordered released and of employing a computer system inadequate for the purposes intended with respect to timely release of prisoners. The Seventh Circuit allowed the interlocutory appeal and reversed. The district court believed that detentions of less than 48 hours would be presumptively reasonable, and those that extended beyond 48 hours would be presumptively unreasonable, subjecting class members to different burdens of proof. The court erred in applying the 48-hour presumption in the context of a class composed of persons for whom legal authority for detention has ceased, whether by acquittal, release on bond, completion of the sentence, or otherwise. View "Driver v. Marion County Sheriff's Department" on Justia Law