7th Circuit extends protections to fee-shifting cases not governed by offer-of-judgment rule

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted September 12, 2022 11:04 AM

Reversing a ruling that limited a fee award to work performed before a settlement offer was rejected, the 7th U.S. Circuit Court of Appeals extended the procedural protections provided by Federal Rule of Civil Procedure 68 to cases involving fee-shifting statutes that aren’t governed by the offer-of-judgment rule.Jack W. Cooper sued Retrieval-Masters Creditors Bureau for allegedly violating the Fair Debt Collection Practices Act. During mediation, RMCB made an oral offer to settle the FDCPA claim for $500 plus attorney …

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