Offers of Judgment Including Fees Measured At Time of Offer

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.

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David A. Szwak
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Joined: Thu Jul 13, 2006 11:19 pm

Offers of Judgment Including Fees Measured At Time of Offer

Post by David A. Szwak »

Offers of Judgment under Federal Rule 68 in other fee shifting claims such as civil rights claims are measured against the damages ultimately recovered plus the attorney's fees and costs as of the date the defendant made the offer to determine whether the plaintiff improved his or her position by going to trial. See Corder v. Gates, 947 F.2d 374 (9th Cir. 1991) and Grosvenor v. Brienen, 801 F.2d 944 (7th Cir. 1986). Since the FCRA is a fee shifting law, a similar analysis and result should apply.
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
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