As defendant, even having EBR - Would you:
1. Proceed to present EBR and as a result attorney fees on our side may be more vs. #2.
2. Submit Offer of Judgement, then request to dismiss?
-- What happens if offer is not accepted and plaintiff continues to change to Class Action? ---
Can we still file to dismiss as offer was presented and rejected? In what scenario dismissal will not be granted?
What would you do? Are there any other way to make it cost and time efficient? ----- Please share your best strategy to proceed with.
Thank you for your input in advance!
I suggest that you hire a civil litiagtion lawyer.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
We really cannot represent you by remote control. Without knowing the entire procedural history and the contents of the court file, we will misguide you if we try.
I agree that you have not given us enough information to properly analyze your situtation. However, generally speaking, I think you have a misconception concerning offers of judgment. N.Y. CVP. LAW § 3221 allows you to make an offer to compromise in a civil dispute. However, the plaintiff does not have to accept your offer. If he or she fails to obtain a more favorable judgement than your offer, the court can award you costs in the litigation. However, the remedy is not dismissal of the lawsuit for failing to accept the offer, it lawsuit continues forward. I have defended and prosecuted class cases and it is a standard defense strategy to make offers of judgment to named plaintiffs attempting to schuttle the lawsuit. However, if a motion to certify the case has been filed, courts generally will not allow an offer of judgment to derail a class case. Lastly, if you truly violated the TCPA and sent an unsolicated fax and your lawyer has reviewed your entire situation and has indicated that you have a problem, its probably cheaper to settle, adjust your faxing practices, and move on to making money in your business. Hope this helps.
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