"Application of Rule 68 will serve as a disincentive for the plantiff's attorney to continue litigation after the defendant makes a settlement offer. There is no evidence, however, that Congress, in considering section 1988, had any thought that civil rights claims were to be on any different footing from other civil claims insofar as settlement is concerned. Indeed, Congress made clear its concern that civil rights plaintiffs not be penalized for "helping to lessen docket congestion" by settling their cases out of court...
Moreover, Rule 68's policy of encouraging settlements is neutral, favoring neither plaintiffs nor defendants; it expresses a clear policy of favoring settlement of all lawsuits. Civil rights plaintiffs--along with other plaintiffs--who reject an offer more favorable than what is thereafter recovered at trial will not recover attorney's fees for services performed after the offer is rejected."
This book is not yet recommended by Oprah, but I am sure it will be.
Monday, April 7, 2008