Successful Offer of Judgment Stops Plaintiff's Atty's Fees

Federal and State Rules of Procedure provide cost and sometimes attorney's fee shifting mechanisms for defendants to attempt to force plaintiffs/consumers to accept proposed settlements. This forum provides a source of information for how these rules may impact the litigation.

Post Reply
David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Successful Offer of Judgment Stops Plaintiff's Atty's Fees

Post by David A. Szwak »

A successful Federal Rule 68 Offer of Judgment--a Rule 68 offer that the plaintiff does not beat at trial--may prevent the plaintiff from collecting any attorney's fees incurred from the date of the offer forward. See Marek v. Chesny, 473 US 1, 105 S.Ct 3012, 87 L.Ed.2d 1 (1985); Solomon v. Onyx Acceptance Corp., 222 FRD 418 (C.D. Cal. 2004).
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
Top
Post Reply

Return to “Offers of Judgment In FDCPA Litigation”