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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 

RI s Bishop Tobin keeps faith and hope amid COVID challenges

“Why did God allow this to happen?” “Is God sending us a message?” “Is God punishing us in some way?” As he sat in a garden between the Cathedral of SS. Peter & Paul and the cathedral rectory on an afternoon a few days before Easter, Tobin acknowledged that even some of the most faithful cannot have helped but wonder if a greater and not necessarily benevolent power was involved. He does not believe that. Instead, the bishop  who turned 73 on Thursday  answers those questions with reminders of history, current events and one’s own day-to-day experiences. “I think the pandemic occurred because we live in an imperfect world,” Tobin said. “There are always outbreaks of disease in various parts of the world. This one is unusual in its scope and its severity, but there is always disease, there are always natural disasters, there are always hurricanes and tornadoes and earthquakes and floods.

McKee presides over swearing-in of Cumberland s Cruise

3/31/2021 Gov. Dan McKee, right, with new Superior Court Judge R. David Cruise. CUMBERLAND – Gov. Dan McKee last Saturday swore in R. David Cruise as the newest Rhode Island Superior Court Judge. The ceremony took place at the Boys & Girls Clubs of Northern Rhode Island’s Cumberland-Lincoln Clubhouse where McKee and Cruise both spent so many hours growing up. “David is an honest, fair and thoughtful leader who brings decades of legal and government experience to the bench,” said McKee. “From his days at the Boys & Girls Club, all the way to the Rhode Island Superior Court, David has always been a person of integrity with a passion for his community. I know he will serve our state well.”

R David Cruise Sworn-in as Rhode Island Superior Court Judge

R David Cruise Sworn-in as Rhode Island Superior Court Judge
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