Legal Opinion
Krystal Gurule v. Land Guardian, Incorporat
Court of Appeals for the Fifth Circuit
Decided December 27, 2018No. 17-20710PublishedCited by 44 opinions
1Opinion of the Court
STUART KYLE DUNCAN, Circuit Judge:
*255This case asks us to explore the relationship between the cost-shifting mechanism in Federal Rule of Civil Procedure 68 and the fee-shifting provision in the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. One of the plaintiffs rejected a Rule 68 offer of judgment and proceeded to trial, where she prevailed on her FLSA claim and was awarded damages and attorney's fees. There was a catch, however: the damages she won at trial were lower than the offer she had earlier spurned, and so Rule 68 required her to pay the defendants' post-offer costs. The…
2Cases cited26 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
- Farrar v. HobbySupreme Court of the United States · 1992
- Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
- Tyson Foods, Inc. v. BouaphakeoSupreme Court of the United States · 2016
21 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Hobbs v. EVOCourt of Appeals for the Fifth Circuit · 2021
- JCB, Incorporated v. Horsburgh & Scott CompanyCourt of Appeals for the Fifth Circuit · 2019
- Sun Coast Resources, Inc. v. Roy ConradCourt of Appeals for the Fifth Circuit · 2020
- Anthony v. WelkerDistrict Court, S.D. Mississippi · 2025
- Badon v. Berry's Reliable Resources, LLCDistrict Court, E.D. Louisiana · 2023
39 more not listed; retrieve them via the Exa API.