Rule 68 Offers of Judgment and Fee-Shifting Statutes: Advantages for Non-Prevailing Offerors
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will analyze Federal Rule 68 offers of judgment in the context of fee-shifting statutes and discuss how fee-shifting statutes change the regular Rule 68 risks and analysis.
Outline
- Common scenarios involving fee-shifting statutes
- Negotiating strategies and tactics
- Timing
- Wording
- Nature of underlying claim
- Defining taxable costs, attorney fees, and interest
- Jurisdictional differences
Benefits
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?
Faculty
Jennifer Calamia
Attorney
Bell Law Group
Ms. Calamia is a member of the Labor & Employment practice group. She represents individuals in arbitrations,... | Read More
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.
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James P. Steele
Partner
Carr Maloney
Mr. Steele counsels insurers on complex coverage matters and litigates insurance coverage disputes. He also defends... | Read More
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.
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