The recent US Supreme Court decision in Campbell-Ewald Co. v. Gomez, No. 14-587 (Jan. 20, 2016) resolved a split in holding that an unaccepted Rule 68 offer of judgment
Continue Reading The Latest Developments in Rule 68 Law and Procedure for FLSA Actions
FRCP Rule 68 Offer of Judgment
Supreme Court Speaks To the Ability of Defendants To Use Rule 68 Offers To Moot Class Actions
I have myself successfully utilized the Offer of Judgment procedure in FLSA cases and often blogged about these so-called “pick off” actions. Now the Supreme Court has weighed in. The…
Continue Reading Supreme Court Speaks To the Ability of Defendants To Use Rule 68 Offers To Moot Class Actions
Supreme Court Gives Offer Of Judgment “Offensive” Defense Big Boost
I have posted several times about the offensive use of the FRCP Rule 68 Offer of Judgment in FLSA collective overtime (or other) actions, have myself utilized it to dispose…
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Supreme Court Will (Finally) Rule On Offer of Judgment Procedure Used To Moot FLSA Collective Actions
These are happy times for management side lawyers, I predict. The U.S. Supreme Court has heard oral arguments on the issue of whether utilizing the Rule 68 FRCP Offer of…
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FLSA Collective Action Dismissed for Failure of Lead Plaintiff To File Opt-in: Yes!
When I begin defending a Fair Labor Standards Act collective action, one of the first strategies I look for is to find some way to kick the named plaintiff out…
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Offer of Judgment May Yet Be Vindicated As A Means for Defeating FLSA Collective Action
I have written many times about making Offers of Judgment in a FLSA collective action case, in an effort to eliminate the lead plaintiff and perhaps then dispose of the…
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Offer of Judgment Strategy in Defending FLSA Cases Takes A Beating!
Two years ago, I made an Offer of Judgment in a collective action FLSA case where the named plaintiff refused the Offer, which then allowed me to make a motion…
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The Offer Of Judgment: Sometimes The Magic Works, Sometimes It Doesn’t
In yet another case involving Assistant Managers, the named plaintiff in a exemption misclassification case has moved for conditional certification, after successfully defeating the defendant-employer’s Rule 68/Offer of Judgment strategy.
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The Offer Of Judgment: Sometimes The Magic Works, Sometimes It Doesn’t
In yet another case involving Assistant Managers, the named plaintiff in a exemption misclassification case has moved for conditional certification, after successfully defeating the defendant-employer’s Rule 68/Offer of Judgment strategy.
Continue Reading The Offer Of Judgment: Sometimes The Magic Works, Sometimes It Doesn’t