Leveraging Rule 68 Offers of Judgment in Settlement Negotiations

Inducing Favorable Settlements, Avoiding Potential Pitfalls

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, May 29, 2019

Recorded event now available

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Program Materials

This CLE webinar will analyze Rule 68 offers of judgment, how defense counsel can leverage the rule to induce settlement, issues, and consequences of making the offer, and considerations for plaintiffs in rejecting the offer. The panel will also discuss Rule 68 as a tool in class action suits after the Supreme Court's ruling in Campbell-Ewald Co. v. Gomez.

Description

An often overlooked settlement strategy, the FRCP 68 offer of judgment is a defense tool that can be effective in pressuring plaintiffs to settle. A plaintiff who rejects a Rule 68 offer must recover an amount greater than the offer or be liable to the offering defendant for post-offer costs.

Defense counsel must understand best practices in drafting a Rule 68 offer of judgment and its potential pitfalls. A well-crafted offer can shift litigation costs to the plaintiff. Where a plaintiff succeeds at or below the offer amount, a solid Rule 68 offer can cut off a plaintiff's right to recover fees.

Listen as our authoritative panel of experienced litigators discusses how defendants can leverage Rule 68 offers of judgment to put settlement pressure on the plaintiff, consequences of making an offer, considerations for the plaintiff in rejecting the offer, and the application of an offer of judgment in class action litigation after the Supreme Court's ruling in Campbell-Ewald Co. v. Gomez.

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Outline

  1. Analysis of FRCP Rule 68 offers of judgment
  2. Negotiating strategies and tactics
  3. Taxable costs, attorney fees and interest
  4. Jurisdictional differences
  5. Use in class action litigation post Campbell-Ewald Co. v. Gomez

Benefits

The panel will review these and other key issues:

  • Strategic advantages of a Rule 68 offer of judgment for defendants
  • Best practices for drafting effective offers of judgment
  • Plaintiff considerations when accepting or rejecting an offer of judgment
  • The impact of the Supreme Court's ruling in Campbell-Ewald Co. v. Gomez

Faculty

Berkowitz, Matthew
Matthew D. Berkowitz

Partner
Carr Maloney

Mr. Berkowitz is an experienced civil litigator with significant class action experience who represents businesses and...  |  Read More

Steele, James
James P. Steele

Partner
Carr Maloney

Mr. Steele counsels insurers on complex coverage matters and litigates insurance coverage disputes. He also defends...  |  Read More

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