Among the practitioners who are familiar with Federal Rule of Civil Procedure 68, many would argue that it has yet to live up to its promise of “encourag[ing] settlements and avoid[ing] protracted litigation.” Marek v. Chesny, 473 U.S. 1, 4 (1985); 12 Charles Alan Wright et al., Federal Practice and Procedure: Civil § 3001, at 66 (2d ed. 1997). Despite the intention for Rule 68 to serve as a court-sponsored settlement tool, it remains an often overlooked means of effecting early resolution of claims.
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