Legal Opinion
Gary P. Johnston v. Penrod Drilling Company
Court of Appeals for the Fifth Circuit
Decided November 5, 1986No. 85-3697PublishedCited by 34 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
Gary Johnston appeals from an amended final judgment imposing costs against him pursuant to Rule 68, F.R.C.P. 1 Rule 68 provides that the plaintiff “must pay the costs incurred” after the defendant makes a formal offer of judgment if “the judgment finally obtained by the offeree is not more favorable than the offer.”
The question presented on appeal is whether Rule 68 applies to an unapportioned joint offer of judgment made by two defendants when: (1) one of the defendants settles with the plaintiff individually after the joint offer is not accepted; and (2) the…
2Cases cited3 opinions
- Delta Air Lines, Inc. v. AugustSupreme Court of the United States · 1981
- First National Bank in St. Louis v. MissouriSupreme Court of the United States · 1924
- 35 Fair empl.prac.cas. 574, 30 Empl. Prac. Dec. P 33,116 Liberty Mutual Insurance Company, Etc. v. Equal Employment Opportunity Commission, and State of California Fair Employment and Housing Commission (Successor to State of California Fair Employment Practice Commission)Court of Appeals for the Ninth Circuit · 1982
3Cited by34 opinions
- Louisiana Power & Light Co. v. KellstromCourt of Appeals for the Fifth Circuit · 1995
- Mallory v. EyrichCourt of Appeals for the Sixth Circuit · 1991
- Roberto Vasconcelo v. Miami Auto Max, Inc.Court of Appeals for the Eleventh Circuit · 2020
- Stanczyk v. City of New YorkCourt of Appeals for the Second Circuit · 2014
- Gavoni v. Dobbs House, Inc.Court of Appeals for the Seventh Circuit · 1999
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