Defendants must be wary with Rule 68 offers of judgment. The U.S. Court of Appeals for the First Circuit awarded the plaintiff her attorney fees and costs in addition to an accepted and unambiguous Federal Rule of Civil Procedure 68 offer of judgment, though the offer was not what the defendant intended. La Pierre serves as an important reminder for practitioners to closely scrutinize the language included in any Rule 68 offers.
Premium Content For:
- Litigation Section