Perspective
Oct. 11, 2014
Should offers moot claims?
In recent years, defendants in federal court have increasingly used FRCP 68 offers as strategic tools to fend off class actions. By Alexander R. Safyan and Bobby Pouya
Rule 68 of the Federal Rules of Civil Procedure allows defendants to make an offer of judgment to a plaintiff that carries with it several implications not found in an ordinary settlement offer. Most notably, Rule 68 is a risk-shifting device - if the plaintiff refuses the offer, it is considered withdrawn and does not preclude the defendant from making a later offer; however, if the plaintiff obtains a judgment that is les...
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