KING v. RIVAS

No. 08-1557.

555 F.3d 14 (2009)

Antonio KING, Plaintiff, Appellee, v. Cesar RIVAS, Individually, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 2, 2009.


Attorney(s) appearing for the Case

John J. Davis with whom Pierce, Davis & Perritano, LLP was on brief, for appellant.

Michael J. Sheehan, for appellee.

Before BOUDIN, STAHL and LIPEZ, Circuit Judges.


BOUDIN, Circuit Judge.

Rule 68 of the Federal Rules of Civil Procedure provides for cost shifting where a defendant offers to settle, the offer is rejected and the plaintiff thereafter prevails but recovers less than the offer. The difficult question in this case is how the rule should be read and applied in cases where multiple defendants make a joint offer to settle the whole case—a situation that the rule's drafters may not have thought through and certainly...

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