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Leveraging Rule 68 Offers of Judgment in Settlement Negotiations

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, May 14, 2024

Recorded event now available

or call 1-800-926-7926

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.

Description

When used effectively, Rule 68 gives defendants a powerful but often overlooked and underestimated tool to achieve a favorable settlement.

Rule 68 allows a defendant to make a pre-trial offer of judgment on specified terms and permits the defendant to recover all of its post-offer costs from the plaintiff if the offer is rejected and the ultimate judgment is less favorable than the defendant's initial Rule 68 offer. Managed correctly, the rule also cuts off the plaintiff's ability to recover costs.

Defense counsel must understand the strategies and best practices for drafting a Rule 68 offer of judgment, the optimal timing for making an offer, and the potential pitfalls. Both the timing and the wording of the offer of judgment are critical.

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, the 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.

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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

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
  • Lessons from recent cases involving Rule 68

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

Calamia, Jennifer
Jennifer Calamia

Associate
Bell Law Group

Ms. Calamia is an associate with the firm where she concentrates her practice in all facets of complex employment 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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