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