Offers of Judgment in Employment Litigation After Campbell-Ewald and Fulton Dental
Analyzing the Viability of Rule 68 or Rule 67 as a Tool for Employers to Moot Individual, Class, and Collective Claims
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will discuss the viability of Rule 67 or Rule 68 "pick-offs" as a strategic tool for employers' counsel to moot individual, collective, and class claims. The panel will discuss the continuing impact of the U.S. Supreme Court's decision in Campbell-Ewald Co. v. Gomez, provide insights into the Seventh Circuit's Fulton Dental L.L.C. v. Bisco Inc. decision and subsequent circuit decisions since Fulton Dental, and outline strategies for employers facing individual, collective, and class actions.
- Rule 68 offers of judgment: overview
- Rule 67 deposits with a federal court: overview
- Campbell-Ewald Co. v. Gomez and mootness
- Implications of Fulton Dental L.L.C. v. Bisco Inc.
- Circuit cases since Fulton Dental
- Second Circuit
- Sixth Circuit
- Ninth Circuit
- Strategic considerations with Rule 68 offers
- Drafting the Rule 68 offer of judgment: best practices
- Adapting Rule 68 in arbitration
The panel will review these and other key issues:
- How has the Supreme Court's Campbell-Ewald ruling impacted offers of judgment in wage and hour collective actions?
- What is the anticipated impact of the Seventh Circuit's Fulton Dental decision?
- What strategic advantages does a Rule 68 offer of judgment present for employment counsel defending discrimination or wage and hour litigation?
- What are some strategic considerations for employment litigators evaluating whether and when to make a Rule 68 settlement offer?
- What are the best practices for drafting effective offers of judgment?
- How should plaintiffs' counsel evaluate offers of judgment in employment litigation?
Bernabei & Kabat
Ms. Bernabei has been litigating employment discrimination, civil rights, and whistleblower cases for over thirty... | Read More
Ms. Bernabei has been litigating employment discrimination, civil rights, and whistleblower cases for over thirty years. She is a founding partner of Bernabei & Kabat, PLLC, where she handles claims of civil rights violations, and discrimination cases across the country. Although the practice focuses on cases in state and federal court in the Mid-Atlantic region, she has also litigated cases in New York, California, Illinois, Pennsylvania, New Mexico, and Arizona.Close
Yvette D. Everhart
Sass Law Firm
Ms. Everhart’s practice focuses on litigation of employment discrimination cases, and she has significant... | Read More
Ms. Everhart’s practice focuses on litigation of employment discrimination cases, and she has significant experience in all aspects of the practice of employment law. Ms. Everhart is a past President of the Florida Chapter of the National Employment Lawyers Association and served as Vice President of Programming.Close
A. Michael Weber
Mr. Weber represents employers in cases involving wrongful termination, breach of contract, enforcement and defense of... | Read More
Mr. Weber represents employers in cases involving wrongful termination, breach of contract, enforcement and defense of restrictive covenants and employment discrimination.Close
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