In Cooper v. Retrieval Masters Creditors, No. 18-2358 (7th Cir. July 29, 2022), the Seventh Circuit vacates and remands an attorney’s fee award that was improperly reduced in a Fair Debt Collection Practices Act (FDCPA) case in reliance on a rejected, non-Rule 68 settlement offer in a mediation. “In February 2016, defendant Retrieval‐Masters Creditors BureauContinue reading “Seventh Circuit Notes Important Difference Between Rejected Fed. R. Civ. P 68 Offer and Non-Rule 68 Settlement Offer in Determining Reasonable Attorney’s Fee”
Tag Archives: Fed. R. Civ. P. 68
Pending Fed. R. Civ. P. 68 Offer of Judgment Not Terminated by Intervening Grant of Summary Judgment, Holds Ninth Circuit
In Kubiak v. County of Ravalli, No. 21-35542 (9th Cir. May 3, 2022), the Ninth Circuit holds that a Fed. R. Civ. P. 68 offer of judgment remained open for fourteen days for the plaintiff to accept, even after the district court granted summary judgment (but did not enter final judgment) while the time wasContinue reading “Pending Fed. R. Civ. P. 68 Offer of Judgment Not Terminated by Intervening Grant of Summary Judgment, Holds Ninth Circuit”
Second Circuit Holds That Rule 68 Offer of Judgment Was Unenforceable Because There Was No Meeting of the Minds on the Monetary Term
In Electra v. 59 Murray Enterprises, Inc., No. 19-235 (2d Cir. Feb. 9, 2021), the panel – while reviewing summary judgment in a New York Civil Rights Law §§ 50 and 51 action – holds that plaintiffs had not accepted a Fed. R. Civ. P. 68 offer of judgment because of an ambiguity in theContinue reading “Second Circuit Holds That Rule 68 Offer of Judgment Was Unenforceable Because There Was No Meeting of the Minds on the Monetary Term”
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