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Litigation Strategies Rule 68

Butler Snow LLP

Dead Letter or Dead to Rights?

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In most cases, the grind of litigation moves forward under the careful scrutiny of courts and within the applicable rules of civil procedure. Settlement, on the other hand, is often separate and secretive; hammered out after...more

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

Adler Pollock & Sheehan P.C.

Making an Offer That They (Perhaps Shouldn’t) Refuse: A Closer Look at Offers of Judgment Under Rule 68

Rule 68 has a reputation of being “among the most enigmatic” and “underutilized” of  the Federal Rules of Civil Procedure.  An attorney’s failure to understand and effectively use Rule 68 could be costly.  ...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

Foley & Lardner LLP

Seventh Circuit Rejects Latest Attempt To Pick Off TCPA Plaintiffs

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Defense counsel facing potential multimillion-dollar judgments from the threat of class action proceedings—particularly class actions brought under statutes providing for treble damages and attorney’s fees, such as the...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

K&L Gates LLP

To Offer or Not to Offer: Post Genesis, Uncertainty Continues Regarding the Impact of Rule 68 Offers of Judgment in the Class...

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Hit with a putative consumer class action? One of the first questions that should be considered is whether to make an offer of judgment to the named plaintiff(s). Federal Rule of Civil Procedure 68 permits a defendant to...more

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