Rule 68 Offers to "Pick Off" the Named Plaintiff:
Legal Update, Tactics, and Best Practice
Monday, December 17, 2012
12:00 – 1:00 p.m. CST
Dear IADC Member:
Please join us for a complimentary Webinar (Web-based seminar produced through Microsoft Live Meeting)
sponsored by the IADC Class Action and Multi-Party Litigation Committee on Monday, December 17, 2012 for one
(1) hour beginning at:
10:00 AM PST / 11:00 AM MST / 12:00 Noon CST / 1:00 PM EST
HOW TO REGISTER:
ONLINE REGISTRATION! Although there is no fee to attend, you must register so that the IADC can plan
accordingly for the number of interested participants. Click Here to register online. If you are registering
multiple participants from the same firm, please register each participant individually.
We hope that you will join us for this exciting and informative program. If you have any questions, please contact
Melisa Maisel, CLE Program Coordinator, at mmaisel@iadclaw.org or by telephone at 312.368.1494.
THE PRESENTATION:
Rule 68 Offers to "Pick Off" the Named Plaintiff: Legal Update, Tactics, and Best Practice
rd
The Supreme Court hears argument December 3 in Genesis Healthcare Corp. v. Symczyk on the issue of
whether Rule 68 Offers of Judgment can be used to "pick off" the named plaintiff in order to obtain dismissal
of a class action as moot under the Fair Labor Standards Act. We'll present a first look at the oral argument
and discuss the legal, tactical and practical issues surrounding the use of Rule 68 to defend class actions.
Find out which Circuits and what types of cases are most suitable for this tactic, and how to determine
if it makes sense in your case.
THE PRESENTERS:
Michael Holland (mholland@condonlaw.com)
Condon & Forsyth LLP, New York, NY
Michael J. Holland is a Partner of the Firm of Condon & Forsyth LLP and is resident in that Firm's New York City
office. Since joining Condon & Forsyth in 1972, Mr. Holland has specialized in complex and multidistrict tort, aviation
and insurance litigation. Mr. Holland has had extensive experience in major litigation involving foreign air carriers in
state and federal courts of the United States and has represented air carriers in insured and uninsured liability
litigation in the United States for more than 40 years. Mr. Holland is currently defending foreign air carriers in class
action litigation arising out of fuel surcharges and failure to pay compensation under European Union regulations.
Kurtis Reeg (kreeg@reeglawyers.com)
Reeg Lawyers, LLC, St. Louis, MO
Kurtis B. Reeg is the President and Managing Partner of Reeg Lawyers, LLC, with offices in St. Louis, Missouri,
Northeast Missouri and Wichita, Kansas. For more than 30 years, Mr. Reeg has focused his litigation practice in the
fields of toxic and mass torts, class actions, products liability, complex insurance coverage, environmental law, and
agriculture and farm law. Mr. Reeg has represented clients in over 20 states before their state and federal courts and
has served as National and Regional Coordinating Counsel for various clients. Mr. Reeg has been involved in
several landmark cases, the latest of which involves representation of the target defendant in massive herbicide class
action litigation involving the water supplies of 6 Midwest states. Mr. Reeg is a member of the bars of Missouri,
Illinois, Kansas, and Nebraska, and is admitted to 10 federal district and appellate courts, including the U.S. Supreme
Court. In 2012 Mr. Reeg was selected for inclusion in Corporate Counsel magazine and The American Lawyer as
one of the top rated mass tort litigators in the nation. Mr. Reeg is peer-rated AV by Martindale-Hubbell and listed in
the Bar Register of Pre-Eminent Lawyers.
Rudy A. Englund (englundr@lanepowell.com)
Lane Powell, PC, Seattle, WA
Rudy A. Englund is a shareholder in the Seattle office of Lane Powell PC and serves as the Firm’s Senior Trial
Lawyer, as well as the Firm’s Director of Wage and Hour and Class Action Litigation. In April 2006, Mr. Englund was
inducted into the American College of Trial Lawyers. Mr. Englund’s practice emphasizes commercial and complex
litigation in Federal and State Courts, class action litigation, including extensive wage and hour experience, securities
litigation, intellectual property disputes, consumer fraud, as well as business dispute resolution. Mr. Englund has
been active in the ABA Section of Litigation for several years serving in multiple leadership capacities and fulfilled a
five-year term on the ABA Standing Committee on Federal Judiciary. Mr. Englund has been named one of The Best
Lawyers in America® (2010-2013); selected as a “local litigation star” by Benchmark Litigation (2008-2013);
recommended by Chambers USA: America’s Leading Lawyers for Business (2004-2012); named as a “Washington
Super Lawyer” (2000-2012) and is peer review rated “AV” in Martindale-Hubbell.
IADC Webinars are made possible by a grant from The Foundation of the IADC.
The Foundation of the IADC is dedicated to supporting the advancement of the civil justice system through
educational opportunities like these Webinars. For more information on The Foundation,
visit www.iadcfoundation.org.