Legal Opinion
King v. Rivas
Court of Appeals for the First Circuit
Decided February 2, 2009No. 08-1557PublishedCited by 10 opinions
1Opinion of the Court
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 did not explicitly resolve.
In the underlying case, Antonio King sued seven New Hampshire corrections officers and employees in…
2Cases cited17 opinions
- Marek v. ChesnySupreme Court of the United States · 1985
- Delta Air Lines, Inc. v. AugustSupreme Court of the United States · 1981
- Surprenant v. RivasCourt of Appeals for the First Circuit · 2005
- Reiter v. MTA New York City Transit AuthorityCourt of Appeals for the Second Circuit · 2006
- NEPSK, Inc. v. Town of HoultonCourt of Appeals for the First Circuit · 2002
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3Cited by10 opinions
- Stanczyk v. City of New YorkCourt of Appeals for the Second Circuit · 2014
- Walsh v. Boston UniversityDistrict Court, D. Massachusetts · 2009
- Doe v. Rutherford County, Tennessee, Board of EducationDistrict Court, M.D. Tennessee · 2015
- LaPierre v. City of LawrenceCourt of Appeals for the First Circuit · 2016
- Danow v. Law Office of David E. Borack, P.A.Court of Appeals for the Eleventh Circuit · 2010
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