Using Offers Of Judgment In Class Actions

Law360, New York (September 21, 2011, 12:15 PM EDT) -- Offers of judgment, whether under Federal Rule of Civil Procedure 68 or state law equivalents, are often used to resolve nuisance suits or to put pressure on plaintiffs to agree to a reasonable settlement when liability may not be hotly contested. An offer of judgment for complete relief — all the relief to which a prevailing plaintiff would be entitled — “will generally moot the plaintiff’s claim.” Weiss v. Regal Collections, 385 F.3d 337, 340 (3d Cir. 2004).

More and more often, offers of judgments have...
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