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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Tuesday, April 15, 2025

  • schedule Time

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

  • timer Program Length

    90 minutes

Credit Information

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

$297.00
CLE
ALL

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.

Faculty

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.

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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.

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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.

Outline

  1. Common scenarios involving fee-shifting statutes
  2. Negotiating strategies and tactics
    • Timing
    • Wording
    • 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?