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ROSEN v. RUCKER

Nos. 89-1583, 89-1798, 89-1765 and 89-1818.

905 F.2d 702 (1990)

Eleanor ROSEN and Henry Rosen, individually and as wife and husband, and Michelle Rosen, Appellants in Nos. 89-1583 and 89-1798, v. Jesse L. RUCKER and Huss Incorporated, a/k/a Huss, Inc. and Huss Incorporated Contract Carrier, a/k/a Huss, Inc. and T. Baxter Huss, individually and t/d/b/a Huss Incorporated, a/k/a Huss, Inc. and Huss Incorporated Contract Carrier, a/k/a Huss, Inc. and Edwina L. Huss, individually and t/d/b/a Huss Incorporated, a/k/a Huss, Inc. and Huss Incorporated Contract Carrier, a/k/a Huss, Inc. Appeal of Jesse RUCKER and Huss Incorporated, a/k/a Huss, Inc., in Nos. 89-1765 and 89-1818.

United States Court of Appeals, Third Circuit.

Decided June 18, 1990.

Attorney(s) appearing for the Case

R. Steven Shisler (argued), Bernard L. Kubert & Associates, P.C., Philadelphia, Pa., for appellants, cross-appellees, Eleanor Rosen, Henry Rosen, and Michelle Rosen.

Arthur W. Hankin, Audrey Caplin Friedel (argued), Bolger, Picker & Weiner, Philadelphia, Pa., for appellees, cross-appellants, Jesse Rucker and Huss, Inc.

Before SLOVITER, HUTCHINSON and COWEN, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Introduction

On this appeal, the defendants challenge the district court's award to the successful plaintiff of delay damages pursuant to Pennsylvania Rule of Civil Procedure 238. Defendants claim the award was improper because they made an oral settlement offer, the plaintiffs' settlement demand was unreasonably high, the plaintiffs did not disclose the full extent of their claims...

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