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Seventy-five Cents and a Zimbabwean Dinosaur - Zimbabwe Situation

Seventy-five Cents and a Zimbabwean Dinosaur - Zimbabwe Situation
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Be Careful What You Offer in Your Next Offer of Judgment! | Pierce Atwood LLP

The Federal and most state rules of civil procedure contain an offer of judgment provision.  It allows a defendant to issue an “offer of judgment” to a plaintiff to settle the case.  It is designed to  create a pause with the plaintiff to assess her case and decide whether she wants to proceed forward with the litigation or resolve it.  The purpose of the rule is to encourage prompt and early resolution of disputes.  A defendant utilizing the rule has an incentive to make a realistic offer that is  inclusive of accrued interest and other litigation expenses (such as attorney’s fees where there is a fee shifting provision).  If an offer of judgment is not accepted, it potentially creates a cost shifting provision in favor of the defendant

Offer of Judgment in Construction Law

Sunday, April 4, 2021 The Federal and most state rules of civil procedure contain an  offer of judgment provision.  It allows a defendant to issue an “offer of judgment” to a plaintiff to settle the case.  It is designed to  create a pause with the plaintiff to assess her case and decide whether she wants to proceed forward with the litigation or resolve it.  The purpose of the rule is to encourage prompt and early resolution of disputes.  A defendant utilizing the rule has an incentive to make a realistic offer that is  inclusive of accrued interest and other litigation expenses (such as attorney’s fees where there is a fee shifting provision).  If an offer of judgment is not accepted, it potentially creates a cost shifting provision in favor of the defendant 

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