October 19, 2016 Top Story

Extrinsic Evidence Ruled Inadmissible on Rule 68 Offer of Judgment

Decision joins majority permitting an award of costs where unambiguous offer is silent

Jamison L. Barkley

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.

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