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Kellie Bubeck Kellie Bubeck

Rule 68 Offers and Discovery Pitfalls: Lessons from Johnson v. Crowdvest

Under the Federal Rules of Civil Procedure, Rule 68 allows a defendant to make a formal settlement offer to the plaintiff, including accrued costs. If the plaintiff accepts within 14 days, judgment is entered. If not, the offer is withdrawn. But if the plaintiff ultimately recovers less than what was offered, they may have to cover the defendant’s post-offer costs.

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