May 19, 2017 Top Story

Post-Judgment Tender Cannot Trigger Unaccepted Rule 68 Offer

Opinion joins growing body of cases interpreting recent Supreme Court decision

By Matthew S. Mulqueen

An unaccepted Rule 68 offer of judgment is a legal nullity, even if the defendant tenders the full amount of the plaintiff's claim after a judgment, according to a new opinion from the U.S. Court of Appeals for the Second Circuit.

The opinion is one of several to interpret the U.S. Supreme Court's decision in Campbell–Ewald Co. v. Gomez, which left open the possibility that certain unaccepted Rule 68 offers might effectively stop a putative class action.

Premium Content For:
  • Litigation Section
Join - Now