Offer of Judgment

News & Analysis as of

11th Circuit Rules Unaccepted Offers of Judgment Do Not Moot Action

With apologies to Tampa Bay Buccaneer fans, I write today about a recent 11th Circuit opinion involving the Buccaneers Limited Partnership (“BLP”) and the more than 100,000 unsolicited faxes sent by BLP, advertising tickets...more

Class Action Not Mooted by Unaccepted Rule 68 Offers of Judgment to Putative Class Representatives, 11th Circuit Holds

The U.S. Court of Appeals for the 11th Circuit recently held that a class action was not mooted by the unaccepted offers of judgment made by the defendant to each putative class representative in the full amount of his or her...more

Offer of Judgment to Named Plaintiff Did Not Moot Putative Class Action, According to Eleventh Circuit

Following the Supreme Court’s decision in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), lawyers have debated whether a defendant can defeat a class action by offering full relief to the named plaintiff(s),...more

Eleventh Circuit: Rule 68 Offers of Judgment Do Not Moot Putative Class Actions

On December 2, 2014, the United States Court of Appeals for the Eleventh Circuit reversed a district court order dismissing a putative class action as moot, holding that: (1) an unaccepted Rule 68 offer of judgment does not...more

Eleventh Circuit Joins Circuit Split On Whether Offers of Judgment May Moot Individual Or Class Claims

On December 1, 2014, the Eleventh Circuit Court of Appeals joined the growing nationwide split between Circuits over whether an unaccepted offer of judgment under Fed. R. Civ. P. 68 may moot an individual plaintiff’s claim...more

Thanks Obama (For America)! Single Defendant’s Offer Of Judgment Does Not Moot Claim Seeking Relief from Multiple Defendants

Lori Shamblin filed a putative class action against Obama For America, alleging that she had received two unsolicited telephone calls to her cellular phone that were made with an auto-dialer and used pre-recorded messages, in...more

“Shell” Motion For Class Certification Does Not Prevent Offer Of Judgment

The First District of Illinois recently issued a significant decision holding that a “shell” motion for class certification, filed concurrently with a complaint, does not preclude a defendant from making an offer of judgment...more

E.D.N.Y. Finds Retailer Cannot “Pick-off” FLSA Plaintiffs With Incomplete Rule 68 Offer of Judgment

Anjum v. J.C. Penney Co., Inc., No. 13-CV-0460 (E.D.N.Y. Oct. 9, 2014): The Eastern District of New York held that a group of opt-in plaintiffs could pursue their Fair Labor Standards Act (FLSA) collective action even though...more

Offer of Judgment Served Hours Before Motion for Class Certification Filed Moots TCPA Claim

In Barr v. The Harvard Drug Grp., LLC, 13-62019, 2014 U.S. Dist. LEXIS 79422 (S.D. Fla. June 11, 2014), the court found that an offer of judgment served via email mooted the plaintiff’s claim despite the filing of a motion...more

The Class Action Chronicle - Summer 2014

In This Issue: - Avoiding Class Certification Through an Offer of Judgment - CLASS CERTIFICATION DECISIONS: ..Decisions Granting Motions to Strike ..Decisions Denying Motions to Strike...more

Courts Reject Attempts to Pick Off Named Plaintiffs Via Offers Of Judgment

Following the Supreme Court’s 2012 recognition of concurrent federal and state jurisdiction over Telephone Consumer Protection Act (“TCPA”) class actions in Mims v. Arrow Financial Services, federal courts have issued...more

Offers of Judgment – Can They Shift Fees?

A recent Resource Conservation and Recovery Act (“RCRA”) lawsuit may offer some additional guidance on when offers of judgment may cut off a party’s right to recover attorneys’ fees and costs under environmental laws....more

Class Action Quarterly - Winter 2013, Volume 2, Issue 1

In This Issue: - Is the Ascertainability “Requirement” Plaintiffs’ New Foe? - Whirlpool and Butler: Liability-Only Classes in a Post-Comcast World - Recent Cases of Note - Excerpt from Is the Ascertainability...more

Rule 68 Offer Of Judgment: Advantageous For Defendant-Employers

Under the Federal Rules of Civil Procedure Rule 68 (“Rule”), offers of judgment have become a cost effective way for employers to quickly resolve individual, collective or class actions. For example, in employment cases, the...more

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

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

Expert Fees Properly Awarded Under Offer of Judgment

In Martinez v. Brownco Construction Co. Inc., the California Supreme Court decided a unique issue under California’s offer of judgment procedure, Code of Civil Procedure Section 998. The court concluded that a second...more

Make them an offer they can refuse (in bad faith)

In the dead zone between Christmas and New Year’s, a formal policy-limit settlement demand expired. Later that year, the verdict came in, two and a half times over the insurance policy limit. The lawyer had not granted an...more

Supreme Court Holds that Early Offer of Judgment Moots Nascent FLSA Collective Action

On April 16, 2013 the U.S. Supreme Court reversed the Third Circuit’s decision in Genesis HealthCare Corp. v. Symczyk and held that a Fair Labor Standards Act (“FLSA”) collective action became moot once the employer’s made a...more

Texas Looks to “Rejuvenate the Courthouse” With New Rules for Expedited Trial, Permissive Interlocutory Appeal and New “Loser...

Introduction - In 2011, the Texas Legislature passed House Bill 274, directing the Texas Supreme Court to promulgate new rules reducing the expense and delay of litigation. House Bill 274 calls for early “dismissal of...more

Offer of Judgment Not Valid in Case With Monetary and Non-monetary Claims – Horowitch v. Diamond Aircraft Indus., Inc.

In a case seeking monetary and non-monetary relief, pursuant to section 768.79, Florida Statutes (2011), Diamond Aircraft served Horowitch with an offer of judgment for $40,000. The offer of judgment stated...more

Diamond Aircraft Piloting a Change in Floridas Attorneys Fees Law

In Florida, in the absence of a written “prevailing party” clause in a contract or another such contractual basis for fees, prevailing civil litigants generally may recover their attorneys fees from non-prevailing parties...more

Florida Supreme Court Issues New Offer Of Judgment Decision

Today the Florida Supreme Court issued an extremely important decision regarding proposals for settlement/offers of judgment (“OJs”), made pursuant to section 768.79, Florida Statutes....more

Top Ten Wage and Hour Developments in 2012 for Pennsylvania Employers

For employers in Pennsylvania, 2012 was another eventful year in the world of wage and hour law. Even in the absence of new federal legislation, a number of noteworthy developments occurred at both the federal and state...more

Proposals For Settlement: How To Draft Ones That Will Stick And How To Deal With Them When They Land On Your Desk

In This Presentation: - Offer of Judgment Statutes - 768.79 Offers - Rule 1.442 - What does an OJ include? - Shifting Defendant’s Fees - 768.79 Language - Shifting Plaintiff’s Fees - Subsequent Offers -...more

Update: The Supreme Court Hears Arguments in Genesis HealthCare v. Symczyk

On December 3, 2012, the U.S. Supreme Court heard oral argument in the case Genesis HealthCare v. Symczyk, 656 F.3d 189 (3d Cir. 2011), cert. granted 80 U.S.L.W. 3512 (U.S. June 25, 2012) (No. 11-1059). As explained in a...more

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