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  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Class Action and Other Litigation
  • schedule 90 minutes

Rule 68 Offers of Judgment and Fee-Shifting Statutes: Advantages for Non-Prevailing Offerors

$297.00

This course is $0 with these passes:

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Description

When a fee-shifting statute is in play, a Rule 68 offer of judgment presents additional strategic issues that counsel should consider. The effectiveness of these Rule 68 offers may turn on when the offer is made, how the offer is worded, and the nature of the underlying claim.

A plaintiff's risk in rejecting a Rule 68 offer ordinarily increases when a fee-shifting statute is at play, and even more so when the statute specifically defines attorneys' fees as costs. Even if the defendant cannot recover its post-offer attorneys' fees, it can still recover its post-offer costs if the verdict is less than the offer.

Listen as our authoritative panel of experienced litigators discusses how defendants can get maximum leverage with Rule 68 when fee-shifting statutes are present, and how this scenario differs from ordinary situations.

Presented By

Jennifer Calamia
Attorney
Bell Law Group, PLLC

Ms. Calamia is a member of the Labor & Employment practice group. She represents individuals in arbitrations, administrative proceedings and state and federal litigation in all manner of employment disputes including wage and hour claims, allegations of discrimination, retaliation, hostile work environment and sexual harassment. Ms. Calamia also advises employers on compliance with multi-state employment policies, industry-specific regulations and compliance with all federal, state and local employment laws. In addition to her practice, Ms. Calamia serves as an adjunct professor at Hofstra University School of Law where she teaches students advanced appellate advocacy skills. She has also spoken on panels and given CLEs on general litigation practices, as well as employment and civil rights-related topics.

James P. Steele
Partner
Carr Maloney, PC

Mr. Steele counsels insurers on complex coverage matters and litigates insurance coverage disputes. He also defends clients in construction accidents, professional malpractice claims, and personal injury matters. Mr. Steele litigates and arbitrates coverage cases involving construction mishaps, professional liability claims, uninsured/underinsured motorist policy provisions, subrogation claims, third-party additional-insured disputes, lead paint exclusions, and “other insurance” provisions.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, April 15, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Common scenarios involving fee-shifting statutes
  2. Negotiating strategies and tactics
    1. Timing
    2. Wording
    3. Nature of underlying claim
  3. Defining taxable costs, attorney fees, and interest
  4. Jurisdictional differences

The panel will review these and other pivotal issues:

  • What types of cases typically involve fee shifting?
  • Can non-prevailing offerors ever receive compensation for post-offer attorneys' fees due to fee-shifting statutes?
  • What is the difference between a Rule 68 offer of judgment and a non-Rule 68 offer of settlement?
  • What are the primary strategic reasons to make the Rule 68 offer when cost shifting is at play?