Most states have an offer of judgment provision, and many of them are patterned after Federal Rule of Civil Procedure 68. Unlike Fed. R. Civ. P. 68, some states allow either party—not just the defendant—to make an offer of...more
A U.S. District Court in the Southern District of California recently held that a Federal Rule of Civil Procedure 68 offer of judgment must clearly state that attorneys’ fees and costs are limited or waived, as Arvest Central...more
When a business is sued in a proposed class action and there is only a small amount at stake on the named plaintiff’s claim, often one of the first thoughts that comes to mind is: can’t we just pay the full value of the named...more
On December 6, 2019, the Second Circuit Court of Appeals held that judicial approval is not required for offers of judgment to settle Fair Labor and Standards Act (“FLSA”) claims made pursuant to Federal Rule of Civil...more
The cost of arbitration, including attorneys’ fees, can be substantial, commensurate with the matters in dispute. Your desire to settle a dispute that is going to arbitration is often as or more substantial. But sometimes...more
Federal Rule of Civil Procedure 68 presents a valuable settlement tool for defense attorneys. Specifically, it allows the defendant to make a pre-trial offer of judgment on specified terms, and provides for the recovery of...more
Federal Rule of Civil Procedure 68 permits a party defending against a claim to make a formal offer of judgment. If the plaintiff either rejects the offer or fails to respond within ten days and eventually obtains a trial...more