- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: Jury awards $18 to innocent black man who was punched, tasered and arrested
Posted on 8/31/16 at 2:50 am to Titus Pullo
Posted on 8/31/16 at 2:50 am to Titus Pullo
Not sure why you are flicking me off. I think the plaintiff had a $hitty attorney.
Rule 68 is applicable because the plaintiff did not accept the settlement offer that was more than he was awarded after trial. Specifically, 68(d):
Rule 68. Offer of Judgment
(d) Paying Costs After an Unaccepted Offer.If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.
Rule68.Offer of Judgment, 2 Federal Rules of Civil Procedure, Rules and Commentary Rule 68
In layman's terms, the plaintiff lost money by winning this judgment because of his $hitty attorney.
Rule 68 is a settlement device. It uses cost-shifting to encourage the plaintiff to accept. Under Rule 68, the defendant offers to have judgment entered against it in a specified amount. If the plaintiff rejects the offer and then wins the case, but the ultimate judgment fails to beat the offer, then instead of receiving its costs as the prevailing party, the plaintiff does not receive its post-offer costs and must pay the defendant's post-offer costs. If only statutory costs like filing fees and court reporter fees were at stake, Rule 68 would have little bite. But the Supreme Court has held that Rule 68 applies to attorneys' fees when the statute that makes them available defines them as “costs.” Thus, in these cases, parties must take care to properly calculate the value of any Rule 68 offers they make or receive and must recognize that post-offer attorney's fees might be at stake.
Rule68.Offer of Judgment, 2 Federal Rules of Civil Procedure, Rules and Commentary Rule 68
Rule 68 is applicable because the plaintiff did not accept the settlement offer that was more than he was awarded after trial. Specifically, 68(d):
Rule 68. Offer of Judgment
(d) Paying Costs After an Unaccepted Offer.If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.
Rule68.Offer of Judgment, 2 Federal Rules of Civil Procedure, Rules and Commentary Rule 68
In layman's terms, the plaintiff lost money by winning this judgment because of his $hitty attorney.
Rule 68 is a settlement device. It uses cost-shifting to encourage the plaintiff to accept. Under Rule 68, the defendant offers to have judgment entered against it in a specified amount. If the plaintiff rejects the offer and then wins the case, but the ultimate judgment fails to beat the offer, then instead of receiving its costs as the prevailing party, the plaintiff does not receive its post-offer costs and must pay the defendant's post-offer costs. If only statutory costs like filing fees and court reporter fees were at stake, Rule 68 would have little bite. But the Supreme Court has held that Rule 68 applies to attorneys' fees when the statute that makes them available defines them as “costs.” Thus, in these cases, parties must take care to properly calculate the value of any Rule 68 offers they make or receive and must recognize that post-offer attorney's fees might be at stake.
Rule68.Offer of Judgment, 2 Federal Rules of Civil Procedure, Rules and Commentary Rule 68
This post was edited on 8/31/16 at 2:59 am
Posted on 8/31/16 at 7:30 am to Five0
Do you think those cops should be put in jail?
Back to top
Follow TigerDroppings for LSU Football News