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Understanding Rule 68 Offers of Judgment

OnDemand Webinar (90 minutes)

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.


Matthew D. Berkowitz, Carr Maloney P.C. Samantha Lewis, Carr Maloney P.C. James P. Steele, Carr Maloney P.C.


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