Description
Learn about Rule 68 Offers of Judgement and how you can use it to your advantage.The FRCP Rule 68 Offer of Judgment is often overlooked, but can be an effective defense tool to pressure plaintiffs to settle. To use the rule effectively, defense counsel must understand best practices in drafting a Rule 68 Offer of Judgment and its potential pitfalls. A wellexecuted offer can shift litigation cost to the plaintiff. If the plaintiff succeeds at or below the offer amount, a solid Rule 68 offer can cut off a plaintiff’s right to recover fees. The esteemed panel of speakers will discuss how defendants can leverage Rule 68 Offers of Judgment to put pressure on the plaintiff to settle, the consequences of making an offer, considerations for the plaintiff in rejecting the offer, and strategic use of offers of judgment in class action litigation.
Date: 2020-01-23 Start Time: End Time:
Learning Objectives
Federal Rules of Civil Procedure 68 – Offer of Judgment
What Happens If the Offer of Judgment Is Not Accepted or Rejected? [Transition Slide]
Rule 68(d)
What Costs Does Rule 68 Cover?
Effect on Defendant of Taking a Judgment Pursuant to Rule 68
Strategic Tips and Timing
Best Practices for Drafting a Rule 68 Offer
Plaintiff’s Considerations in Accepting or Rejecting a Rule 68 Offer
State Variations of Rule 68
Picking off Leading Plaintiff and Ending Class-Action Lawsuits Early and Quickly
What If an Offer of Judgment Is Not Accepted or Rejected? [Transition Slide]
Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013)
Genesis Leaves the Door Open
Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016)
Campbell-Ewald’s Dissent
Post Campbell-Ewald: Testing the Dissent’s Theory
Cases That Follow Campbell-Ewald’s Dissent
Cases That Follow Campbell-Ewald’s Majority
Stopping the Meter on Attorneys’ Fees After an Offer of Judgment Is Rejected
Matthew D. Berkowitz-Carr Maloney P.C., Samantha Lewis – Carr Maloney P.C., James P. Steele – Carr Maloney P.C.
