BarbriSFCourseDetails

Course Details

This CLE course will analyze Rule 68 offers of judgment and how they may induce settlement. The program will discuss the mechanics of the rule, strategic considerations defendants must consider in light of the consequences of making the offer, and factors for plaintiffs to contemplate in considering rejecting the offer.

Faculty

Description

When used effectively, Rule 68 gives defendants a powerful but often overlooked and underestimated tool to achieve a favorable settlement.

Rule 68 allows a defendant to make a pre-trial offer of judgment on specified terms and permits the defendant to recover all of its post-offer costs from the plaintiff if the offer is rejected and the ultimate judgment is less favorable than the defendant's initial Rule 68 offer. Managed correctly, the rule also cuts off the plaintiff's ability to recover costs.

Defense counsel must understand the strategies and best practices for drafting a Rule 68 offer of judgment, the optimal timing for making an offer, and the potential pitfalls. Both the timing and the wording of the offer of judgment are critical.

Listen as our authoritative panel of experienced litigators discusses how defendants can leverage Rule 68 offers of judgment to put settlement pressure on the plaintiff, the consequences of making an offer, considerations for the plaintiff in rejecting the offer, and the application of an offer of judgment in class action litigation.

Outline

  1. Analysis of FRCP Rule 68 offers of judgment
  2. Negotiating strategies and tactics
  3. Taxable costs, attorney fees, and interest
  4. Jurisdictional differences
  5. Use in class action litigation

Benefits

The panel will review these and other key issues:

  • Strategic advantages of a Rule 68 offer of judgment for defendants
  • Best practices for drafting effective offers of judgment
  • Plaintiff considerations when accepting or rejecting an offer of judgment
  • Lessons from recent cases involving Rule 68