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Attorney's Fees Rule 68

Butler Snow LLP

50 State Survey: Offer of Judgment Statutes and Rules

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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

Troutman Pepper

In the Ninth Circuit Precision is Required in an Offer of Judgment

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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

BakerHostetler

Eleventh Circuit Upholds Small Fee Award in FLSA Case

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When is a win not a win? One ace in the hand of plaintiffs’ counsel in Fair Labor Standards Act (FLSA) litigation (as well as claims under Title VII, the Americans with Disabilities Act or the Age Discrimination in Employment...more

Robinson+Cole Class Actions Insider

Tendering Full Relief to Moot a Class Action: It’s Still Possible in Illinois

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

Epstein Becker & Green

Second Circuit Approves Offers of Judgment in FLSA Cases

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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

Mintz - Arbitration, Mediation, ADR...

Arbitration Jiu Jitsu: Increasing the Pressure to Settle With a “Sealed Settlement Offer”

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

Maynard Nexsen

Rule 68 Offers of Judgment - Proceed with Caution

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If there is any occasion in civil litigation that calls for caution by counsel, it is the drafting of a Rule 68 offer of judgment, so warns the Fourth Circuit. Consistent with the general rule of contract construction,...more

Jaburg Wilk

Attorney Fee Shuffle - The Arizona Supreme Court has Imported the Fee Shifting Provision of A.R.S. § 12-341.01(A) Into Private,...

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Unlike many states, Arizona has long provided for the recovery of attorney fees, albeit on a discretionary basis, in contested contract disputes. See A.R.S. § 12-341.01(A). The Arizona legislature made clear, however, that...more

Seyfarth Shaw LLP

The U.S. Supreme Court And Workplace Class Actions

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Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Butler Snow LLP

It’s a Trap!! – Be Careful When Crafting Your Rule 68 Offers of Judgment

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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

Moore & Van Allen PLLC

MLB Litigation Brief: Class Action Questions Open After Scalia’s Death, Arbitration Fees and American Rule & More

2015 Witnesses Record Securities Class Actions: The National Economic Research Associates, Inc. (NERA) recently released its report, Recent Trends in Securities Class Action Litigation: 2015 Full-Year Review, detailing the...more

Carlton Fields

Fifth Circuit Holds Unaccepted Rule 68 Offer of Judgment Cannot Moot a Named Plaintiff’s Claim in a Putative Class Action

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The defendant in a putative class action brought pursuant to the Electronic Funds Transfer Act (EFTA), 15 U.S.C. § 1693, et seq., tendered a Rule 68 offer of judgment to the named plaintiff before class certification briefing...more

Arnall Golden Gregory LLP

Consider Making an Offer of Judgment to Encourage a Reasonable Settlement and to Lay the Foundation for a Recovery of Attorney’s...

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

Foley & Lardner LLP

Practical Implications of Rep. Goodlatte's Proposed "Offer of Judgment" in Patent Suits

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House Judiciary Chairman Bob Goodlatte (R-Va.) on May 23, 2013 released a discussion draft of legislation designed to curb abusive patent litigation....more

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