Offer of Judgment

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

by Gregory Hudson, C. Wesley Vines | Cozen O'Connor on 2/15/2013

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.

by Brian Willis | Shumaker, Loop & Kendrick, LLP on 1/18/2013

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

by Fuerst Ittleman David & Joseph, PL on 1/14/2013

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

by Ellen Koehler Lyons | Carlton Fields on 1/11/2013

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

by Adam Long | McNees Wallace & Nurick LLC on 1/8/2013

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

by Ellen Koehler Lyons, Gary M. Pappas | Carlton Fields on 12/19/2012

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

by Beth A. Moeller | Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/11/2012

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

Should You Care That Supreme Court Will Rule on Offers Of Judgment in Wage Cases?

by Daniel A. Schwartz | Pullman & Comley, LLC on 12/10/2012

I’m going to let you in on a little secret. Not all employment law cases decided by the U.S. Supreme Court matter are of equal significance and importance to employers. What? How can that be, you say? It’s the...more

Supreme Court Hears Oral Arguments in FLSA Collective Action Case

by Michael Cardman | XpertHR - Partnered with LexisNexis on 12/4/2012

U.S. Supreme Court justices today questioned why an offer of judgment made to a lone plaintiff in a Fair Labor Standards Act lawsuit should not prevent other plaintiffs from joining the lawsuit in a collective action....more

Class Action Case to Watch—Genesis HealthCare v. Symczyk

by Beth A. Moeller | Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/3/2012

On June 25, the U.S. Supreme Court granted certiorari review of the case Genesis HealthCare v. Symczyk, 656 F.3d 189 (3rd Cir. 2011), cert. granted 80 U.S.L.W. 3512 (U.S. June 25, 2012) (No. 11-1059). In Genesis, the company...more

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