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Understanding Rule 68 Offers of Judgment

Learn about Rule 68 - Offers of Judgement and how you can use it to your advantage.

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.

91 minutes
Course Exam
Certificate of Completion
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Over 37 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

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Why Lorman?

Over 37 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

OnDemand Course

This course was last revised on January 23, 2020.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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

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Why Lorman?

Over 37 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 and commercial litigation
  • 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.

  • Partner 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 D.C. Defense Lawyers’ Association give a broad knowledge of the courts in the District of Columbia and Maryland
  • 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]
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Why Lorman?

Over 37 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.

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All of your training, right here at Lorman.

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Product ID: 407236
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