Leveraging Rule 68 Offers of Judgment in Settlement Negotiations
Inducing Favorable Settlements, Avoiding Potential Pitfalls, Shifting Attorneys' Fees
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will analyze Rule 68 offers of judgment and how they may induce settlement. The program will discuss the mechanics of the rule, strategic considerations defendants must consider in light of the consequences of making the offer, and factors for plaintiffs to contemplate in considering rejecting the offer. The panel will discuss the impact of Uzuegbunam v. Preczewski, 592 US __ (2021), which held that a claim for nominal damages saves a claim from dismissal on mootness grounds. In dissent, the Chief Justice suggested that a defendant facing a claim only for nominal damages could file an offer of judgment for one dollar, rendering the plaintiff liable for any subsequent costs if he receives only nominal damages.
Outline
- Analysis of FRCP Rule 68 offers of judgment
- Negotiating strategies and tactics
- Taxable costs, attorney fees, and interest
- Jurisdictional differences
- Use in class action litigation post Uzuegbunam v. Preczewski
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 Uzuegbunam v. Preczewski
- Lessons from recent cases involving Rule 68
Faculty
Matthew D. Berkowitz
Partner
Carr Maloney
Mr. Berkowitz is an experienced civil litigator with significant class action experience who represents businesses and... | Read More
Mr. Berkowitz is an experienced civil litigator with significant class action experience who represents businesses and professionals in complex disputes. At the trial and appellate levels, he has successfully defended clients in shareholder derivative suits, trademark infringement claims, breach of contract and negligence suits. Mr. Berkowitz also has successfully defended clients accused of violating Federal & State Consumer Protection Acts, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Americans with Disabilities Act.
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Jennifer Calamia
Attorney
Moritt Hock & Hamroff
Ms. Calamia is an associate with the firm where she concentrates her practice in all facets of complex employment and... | Read More
Ms. Calamia is an associate with the firm where she concentrates her practice in all facets of complex employment and labor law related matters. She specializes in civil rights and employment litigation and defends employers against charges of discrimination filed with the Equal Employment Opportunity Commission, New York State Division of Human Rights, and other administrative agencies. Ms. Calamia also litigates cases arising under the Americans with Disabilities Act, Fair Labor Standards Act, New York Labor Law and New York State and City Human Rights Law.
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James P. Steele
Partner
Carr Maloney
Mr. Steele counsels insurers on complex coverage matters and litigates insurance coverage disputes. He also defends... | Read More
Mr. Steele counsels insurers on complex coverage matters and litigates insurance coverage disputes. He also defends clients in construction accidents, professional malpractice claims, and personal injury matters. Mr. Steele litigates and arbitrates coverage cases involving construction mishaps, professional liability claims, uninsured/underinsured motorist policy provisions, subrogation claims, third-party additional-insured disputes, lead paint exclusions, and “other insurance” provisions.
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