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
Mootness
Supreme Court Speaks To the Ability of Defendants To Use Rule 68 Offers To Moot Class Actions
By Fox Rothschild LLP on
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
By Fox Rothschild LLP 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
Offer of Judgment Strategy in Defending FLSA Cases Takes A Beating!
By Fox Rothschild LLP on
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…
Continue Reading Offer of Judgment Strategy in Defending FLSA Cases Takes A Beating!
The Offer Of Judgment: Sometimes The Magic Works, Sometimes It Doesn’t
By Fox Rothschild LLP on
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