Legal Opinion

Donna Crossman v. Michael Marcoccio

Court of Appeals for the First Circuit

Decided December 9, 1986No. 86-1058PublishedCited by 60 opinions

1Opinion of the Court

COFFIN, Circuit Judge.

In this case we confront the novel question of whether prevailing civil rights plaintiffs must pay their opponents’ costs and attorney’s fees after refusing to accept a pretrial offer of judgment that exceeds the amount they ultimately recover at trial. The court below, relying upon Fed.R.Civ.P. 68 and Marek v. Chesny, 473 U.S. 1, 105 S.Ct. 3012, 87 L.Ed.2d 1 (1985), awarded defendants their taxable costs plus almost $11,000 in post-offer attorney’s fees because plaintiffs ultimately recovered an amount less than defendants’ offer of judgment. Crossman v. Marcoccio, 108…

2Cases cited14 opinions

Hughes v. RoweSupreme Court of the United States · 1980
Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
Marek v. ChesnySupreme Court of the United States · 1985
Delta Air Lines, Inc. v. AugustSupreme Court of the United States · 1981
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

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3Cited by60 opinions

Champion Produce, Inc. v. Ruby Robinson Co.Court of Appeals for the Ninth Circuit · 2003
Utility Automation 2000, Inc. v. Choctawhatchee Electric Cooperative, Inc.Court of Appeals for the Eleventh Circuit · 2002
Stanczyk v. City of New YorkCourt of Appeals for the Second Circuit · 2014
In Re Two Appeals Arising Out of the San Juan Dupont Plaza Hotel Fire LitigationCourt of Appeals for the First Circuit · 1993
Tunison v. Continental Airlines Corp.Court of Appeals for the D.C. Circuit · 1998

55 more not listed; retrieve them via the Exa API.