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 well-executed 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.
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Agenda
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
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on January 23, 2020.
Call 1-866-352-9540 for further credit information.
No Credit AvailableThis program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Matthew D. Berkowitz
Carr Maloney P.C.
- Member at Carr Maloney P.C. in Washington, D.C.
- Significant class action experience at the trial and appellate level
- Defends insurance companies in complex coverage disputes involving toxic tort and environmental cases, and represents construction companies, auto dealerships, and national restaurant and retail chains in complex tort actions
- Co-authored an article entitled “Avoid Significant Exposure, and Attorney’s Fees – Using Rule 68 Offers of Judgment to End Class Actions Early and Quickly” in the July edition of DRI’s In-House Defense Quarterly
- J.D. degree, Thomas Jefferson School of Law
- Can be contacted at [email protected]
Samantha Lewis
Carr Maloney P.C.
- Attorney at Carr Maloney P.C. in Washington, D.C.
- Focuses practice on professional liability, directors’ and officers’ liability, and employment and labor law and commercial litigation
- Past attorney at a boutique law firm representing an array of investors in connection with transactional matters
- J.D. degree, The George Washington University Law School
- Can be contacted at [email protected]
James P. Steele
Carr Maloney P.C.
- Partner at Carr Maloney P.C. in Washington, D.C.
- Counsels insurers on complex coverage matters and litigates insurance coverage disputes
- Defends accountants, attorneys, and other professionals in malpractice claims, and he helps professionals respond to subpoenas and other legal processes
- 20 years of courtroom experience and his involvement in the D.C. Defense Lawyers’ Association give a broad knowledge of the courts in the District of Columbia and Maryland
- Co-authored DRI Insurance Policy Rescission Compendium-District of Columbia, for the Defense Research Institute
- J.D. degree, Catholic University of America, Columbus School of Law
- Can be contacted at [email protected]
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