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WEBB v. JAMES

Nos. 97-2287, 97-2574.

147 F.3d 617 (1998)

Dennis WEBB, Sr., Plaintiff-Appellee, v. Dick JAMES and Dick James Ford, Inc., a corporation of Illinois, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 22, 1998.

Rehearing Denied July 20, 1998.

Attorney(s) appearing for the Case

John M. Collins, Jr., Miller, Tracy, Braun & Wilson, Chicago, IL, Henry C. Szesny, Presbrey & Szesny, Chicago, IL, James F. Wisniewski (argued), Wisniewski & McGann, Lemont, IL, for Plaintiff-Appellee in No. 97-2287.

Henry C. Szesny, Presbrey & Szesny, Chicago, IL, James F. Wisniewski (argued), Wisniewski & McGann, Lemont, IL, for Plaintiff-Appellee in No. 97-2574.

Steven C. Wolf (argued), Kathleen A. Sweitzer, Wolf & Associates, Chicago, IL, for Defendant-Appellant in No. 97-2287.

Patrick M. Ouimet, Sarles & Ouimet, Chicago, IL, Steven C. Wolf (argued), Wolf & Associates, Chicago, IL, for Defendant-Appellant in No. 97-2574.

Before BAUER, COFFEY and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

This case presents a cautionary tale for defendants and plaintiffs alike on the perils of Rule 68. In this case, a rule that was designed to encourage settlement and avoid protracted litigation has spawned more litigation. We will attempt to remove the perils (and the additional litigation) by making clear the operation of Rule 68 and the consequences that flow from Rule 68 offers of judgment, and acceptance of those offers.

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