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Rule 68 Offers and Discovery Pitfalls: Lessons from Johnson v. Crowdvest
This week, a TCPA class action took us back to a procedural trend from a decade ago: the Rule 68 offer of judgment.
In Harmony: Early Win for Defendant as Court Grants Bifurcated Discovery in TCPA Class Action
Back in February, I wrote about a significant development in a TCPA class action our firm is defending: a federal judge granted our request for bifurcated discovery. In my view, nothing shifts the dynamics and leverage early in a putative TCPA class action more than a court granting bifurcation.
Bifurcated Discovery Is Alive and Well
I’ll keep this brief: If you're a defendant in a TCPA class action and the judge requires a joint proposed scheduling order, your counsel should always request bifurcated (or phased) discovery.
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