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
Genesis Healthcare Corp. v Symczyk
Supreme Court Gives Offer Of Judgment “Offensive” Defense Big Boost
By Mark Tabakman on
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…
Continue Reading Supreme Court Gives Offer Of Judgment “Offensive” Defense Big Boost
Supreme Court Will (Finally) Rule On Offer of Judgment Procedure Used To Moot FLSA Collective Actions
By Mark Tabakman on
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…
Continue Reading Supreme Court Will (Finally) Rule On Offer of Judgment Procedure Used To Moot FLSA Collective Actions
Offer of Judgment May Yet Be Vindicated As A Means for Defeating FLSA Collective Action
By Mark Tabakman on
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…
Continue Reading Offer of Judgment May Yet Be Vindicated As A Means for Defeating FLSA Collective Action