Appellate Practice,
Law Practice
Mar. 10, 2023
How to avoid undermining your Rule 68 offer
Timing considerations for Rule 68 offers when summary judgment is pending.
Natalie F. Price
Burke, Williams & Sorensen LLP
18300 Von Karman
Irvine , CA 92612
Phone: (949) 863-3363
Email: nprice@bwslaw.com
Univ of San Diego SOL; San Diego CA
You've filed your motion for summary judgment and decided to put extra pressure on the plaintiff by also serving an Offer of Judgment pursuant to Federal Rule of Civil Procedure 68. Great strategy! Or, maybe not. Let's look at a cautionary tale of what happened when a district court granted summary judgment in favor of the defendant before the 14 day time limit on the Rule 68 offer expired.
In Kubiak v. County of Rav...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In