Description
My first foray into the land of Rule 68 offers of judgment began innocently enough many years ago. “If they’re not willing to settle, then cut off their fees!” said the managing partner. So I, the young associate, drafted the offer of judgment and sent it to opposing counsel. We negotiated a good deal after that and ultimattel settled the case. “Boy,” I thought, “here is a real tool for settlement.” So I used the offer as many times as I could couch it as a good potential solution in a case. On...

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