Rule 68 Offers of Judgment in Personal Injury: Responding, Countering or Rejecting
Recording of a 90-minute CLE webinar with Q&A
This CLE course will analyze how Rule 68 offers of judgment are used in personal injury cases, discuss how defense counsel can leverage an offer to induce settlement, and explain the challenges, considerations and pitfalls for plaintiff’s counsel in responding to or rejecting an offer.
Outline
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Overview of Rule 68 of the Federal Rules of Civil Procedure
- History
- Requirements
- Strict compliance
- Exemplar form
- Plaintiffs’ considerations in responding to or rejecting a Rule 68 offer
- Consequences of responding or rejecting
- Three scenarios
- Plaintiff’s verdict greater than
- Defense verdict – no post-offer fees
- Plaintiff’s verdict less than offer – post offer costs
- Three scenarios
- Consequences of responding or rejecting
- Jurisdictional issues
- Circuit split: do “costs” include “attorneys fees”
- How do state offer of judgment statutes factor in?
Benefits
The panel will review these and other critical issues:
- What are the requirements of a Rule 68 offer of judgment?
- What should counsel consider in accepting, responding to, or rejecting an offer of judgment?
- How do different jurisdictions govern conditions and consequences of a Rule 68 offer?
Faculty
James R. Doyle
Partner
Lewis Brisbois Bisgaard & Smith
Mr. Doyle has more than 23 years of experience representing clients before the U.S. Court of Appeals, state court and... | Read More
Mr. Doyle has more than 23 years of experience representing clients before the U.S. Court of Appeals, state court and U.S. District Courts. He has argued before the Supreme Court of Georgia in a case that created the current standard applied in premises liability matters, and has extensive trial experience involving matters of products liability, professional liability and premises liability. Mr. Doyle’s professional liability experience is highlighted by his representation of lawyers in legal malpractice cases as well as insurance brokers, real estate agents and doctors in other types of professional liability cases. Mr. Doyle is the Co-Chair of the firm’s Korean Business and Litigation Practice and Vice-Chair of the Chinese Business and Litigation Practice.
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David S. Fried
Atty
Fried Bonder White
Mr. Fried is a trial lawyer who represents individuals and businesses injured as the result of contract disputes,... | Read More
Mr. Fried is a trial lawyer who represents individuals and businesses injured as the result of contract disputes, work-place discrimination and other types of negligence, including premises liability, auto and trucking injuries. He practices in both in federal and state courts nationwide. Mr. Fried strives to achieve clients’ business and litigation objectives creatively and efficiently, so that they can get on with the business of running their business.
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