Show navigation

Available in:

Audio & Reference Manual
MP3 Download

Understanding Rule 68 Offers of Judgment

Rule 68 can be a powerful tool for the defense counsel if applied properly.The FRCP Rule 68 Offer of Judgment is often overlooked, but can be an effective defense tool to pressure plaintiffs to settle. To use the rule effectively, defense counsel must understand best practices in drafting a Rule 68 offer of judgment and its potential pitfalls. A well-executed offer can shift litigation cost to the plaintiff. If the plaintiff succeeds at or below the offer amount, a solid Rule 68 offer can cut off a plaintiff's right to recover fees. The esteemed panel of speakers will discuss how defendants can leverage Rule 68 offers of judgment to put pressure on the plaintiff to settle, the consequences of making an offer, considerations for the plaintiff in rejecting the offer, and strategic use of offers of judgment in class action litigation.
Purchase Options

More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Federal Rules of Civil Procedure 68- Offer of Judgment

What Happens If the Offer of Judgment Is Not Accepted or Rejected? [Transition Slide]

Rule 68(d)

What Costs Does Rule 68 Cover?

Effect on Defendant of Taking a Judgment Pursuant to Rule 68

Strategic Tips and Timing

Best Practices for Drafting a Rule 68 Offer

Plaintiff's Considerations in Accepting or Rejecting a Rule 68 Offer

State Variations of Rule 68

Picking off Leading Plaintiff and Ending Class-Action Lawsuits Early and Quickly

What If an Offer of Judgment Is Not Accepted or Rejected? [Transition Slide]

Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013)

Genesis Leaves the Door Open

Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016)

Campbell-Ewald's Dissent

Post Campbell-Ewald: Testing the Dissent's Theory

Cases That Follow Campbell-Ewald's Dissent

Cases That Follow Campbell-Ewald's Majority

Stopping the Meter on Attorneys' Fees After an Offer of Judgment Is Rejected

Purchase Options

More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Audio & Reference Manual

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • OR CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • OR CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Purchase Options

More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Matthew D. Berkowitz

Matthew D. Berkowitz

Carr Maloney P.C.

  • Member at Carr Maloney, P.C. in Washington, D.C.
  • Significant class action experience at the trial and appellate level
  • Defends insurance companies in complex coverage disputes involving toxic tort and environmental cases, and represents construction companies, auto dealerships, and national restaurant and retail chains in complex tort actions
  • Co-authored an article entitled “Avoid Significant Exposure, and Attorney’s Fees – Using Rule 68 Offers of Judgment to End Class Actions Early and Quickly” in the July edition of DRI’s In-House Defense Quarterly
  • J.D. degree, Thomas Jefferson School of Law
  • Can be contacted at [email protected]
Samantha Lewis

Samantha Lewis

Carr Maloney P.C.

  • Attorney at Carr Maloney P.C. in Washington, D.C.
  • Focuses practice on professional liability, directors’ and officers’ liability, and employment and labor law
  • Past attorney at a boutique law firm representing an array of investors in connection with transactional matters
  • J.D. degree, The George Washington University Law School
  • Can be contacted at [email protected]
James P. Steele

James P. Steele

Carr Maloney P.C.

  • Member at Carr Maloney P.C. in Washington, D.C.
  • Counsels insurers on complex coverage matters and litigates insurance coverage disputes
  • Defends accountants, attorneys and other professionals in malpractice claims, and he helps professionals respond to subpoenas and other legal processes
  • 20 years of courtroom experience and his involvement in the DCDLA give a broad knowledge of the courts in these jurisdictions
  • Co-authored “DRI Insurance Policy Rescission Compendium- District Of Columbia,” for the Defense Research Institute
  • J.D. degree, Catholic University of America, Columbus School of Law
  • Can be contacted at [email protected]
Purchase Options

More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 406233
Published 2019
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!