United States First Circuit

In a case involving Rule 68 of the Federal Rules of Civil Procedure, which 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 circuit court rules that: 1) in the Rule 68 analysis, a package offer by multiple defendants to a single plaintiff must simply be taken on its own terms and compared with the total recovery package; 2) thus, defendant in this civil rights case is entitled under Rule 68 to costs incurred after the Rule 68 offer, but no attorney's fees; and 3) meanwhile plaintiff, as prevailing plaintiff, is presumptively entitled to attorney's fees and costs accrued prior to the Rule 68 offer.

Appellate Information

• Decided 02/02/2009
• Published 02/02/2009

Judges

• BOUDIN, Circuit Judge., Before BOUDIN, STAHL and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

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


• For Appellees:
  
• Michael J. Sheehan, for appellee.