Rule 68 of the Federal Rules of Civil Procedure is usually thought of as one of the swords in the defense lawyer’s arsenal, but a few recent court decisions are sharpening the other side so that the rule now cuts both ways and can sometimes pack a hidden weapon for the plaintiff.
The decision last week by U.S. District Judge Ronald L. Buckwalter in Minnick v. Dollar Financial Group Inc. is a perfect example of how a defendant’s attempt to settle a case quickly and cheaply with a Rule 68 offer can backfire and result in a quadrupling of the settlement costs.
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