Legal Opinion
Lima v. Newark Police Department
Court of Appeals for the Third Circuit
Decided July 19, 2011No. 10-1743PublishedCited by 27 opinions
1Opinion of the Court
OPINION OF THE COURT
HARDIMAN, Circuit Judge.
Rule 68 of the Federal Rules of Civil Procedure is intended to promote the amicable resolution of cases. Although it usually serves its intended purpose, Rule 68 presents a trap for the unwary. This trap manifests itself most frequently when a defendant erroneously believes that an accepted Rule 68 offer of judgment finally resolves a civil action, only to be assessed substantial attorney’s fees and costs thereafter by the court.
In this appeal, Plaintiff Roberto Lima argues that the Rule 68 offer of judgment he accepted did not include attorney’s…
2Cases cited13 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
- White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
- Maher v. GagneSupreme Court of the United States · 1980
- Marek v. ChesnySupreme Court of the United States · 1985
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Ponzini v. PrimeCare Medical, Inc.District Court, M.D. Pennsylvania · 2017
- Steiner v. Lewmar, Inc.Court of Appeals for the Second Circuit · 2016
- Sara Lesende v. Arnold BorreroCourt of Appeals for the Third Circuit · 2014
- Barbour v. City of White PlainsCourt of Appeals for the Second Circuit · 2012
- Rena C. v. Colonial School DistrictCourt of Appeals for the Third Circuit · 2018
22 more not listed; retrieve them via the Exa API.