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

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, April 15, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, March 28, 2025

or call 1-800-926-7926

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.

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.

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Outline

  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

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

Calamia, Jennifer
Jennifer Calamia

Attorney
Bell Law Group

Ms. Calamia is a member of the Labor & Employment practice group. She represents individuals in arbitrations,...  |  Read More

Steele, James
James P. Steele

Partner
Carr Maloney

Mr. Steele counsels insurers on complex coverage matters and litigates insurance coverage disputes. He also defends...  |  Read More

Attend on April 15

Early Discount (through 03/28/25)

Cannot Attend April 15?

Early Discount (through 03/28/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video