Rule 68 offer

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supreme courtBy Gerald L. Maatman, Jr., Pamela Q. Devata, and Rebecca S. Bjork

This morning the Supreme Court of the United States issued an important ruling that will affect employers’ ability to defend against a variety of lawsuits brought as class actions, including employment discrimination, Equal Pay Act, Worker Adjustment & Retraining Notification Act, and Fair Credit Reporting Act cases.  In…
Continue Reading U.S. Supreme Court Ruling Removes An Important Wrench From The Defendants’ Toolbox For Defeating Employment Discrimination Class Actions

blog post picutreBy Gerald L. Maatman, Jr.

Rule 23 governs class action procedure in federal courts, and interpretation of that rule by the U.S. Supreme Court and lower federal courts drives risks and liabilities that employers face in high-stakes litigation. Being on the receiving end of a workplace class action can have dire consequences for a business. Careers of key company officials…
Continue Reading Employers Beware: Possible Changes May Be Coming To Class Action Rules

By Gerald L. Maatman, Jr., and Alexis P. Robertson

On December 1, 2014, in Stein v. Buccaneers Limited Partnership, No.13-15417 (11th Cir. Dec. 1, 2014), the Eleventh Circuit held that an unaccepted offer of judgment, made pursuant to Rule 68 of the Federal Rules of Civil Procedure, does not serve to moot a class action. Although not a workplace…
Continue Reading Eleventh Circuit Rules That Unaccepted Rule 68 Offers of Judgment To Named Plaintiffs, Prior To Motion To Certify, Does Not Moot Class Action

By Gerald L. Maatman, Jr., and Alexis P. Robertson

On June 20, 2014, the U.S. Court of Appeals for the Eighth Circuit reversed a district court’s dismissal of a request by the NFL Players’ Association and several NFL players (collectively, the “Association”) to set aside and reopen an earlier Stipulation and Settlement Agreement with the National Football League (“NFL”).
Continue Reading Eighth Circuit Allows NFL Players To “End Run” Class Action Settlement

By Pamela Devata and Reema Kapur

The refrain from the Rolling Stones’ iconic song “Satisfaction” reportedly was inspired by a phrase from a Chuck Berry ditty “I can’t get no satisfaction from the judge….”  This phrase aptly describes the outcome for a defendant seeking to dismiss putative class claims under the Fair Credit Reporting Act (“FCRA”) in Smith v. Res-Care, …
Continue Reading Satisfaction! (Defendant In FCRA Putative Class Action Can’t Get No)

Co-authored by Lynn Kappelman and Michael Fleischer

This question – what constitutes an effective Rule 68 offer of judgment to block or exit litigation – is all important to employers in all types of class actions and collective actions.

The Fourth Circuit recently issued a decision clarifying the magic terms that need to be in a settlement offer in order…

Continue Reading Use Of Settlement Offers In A Class Action/Collective Action As A Rule 68 Offer To Moot Employees’ Claims?