Legal Opinion

Alfred W. Chesny, Individually, and as Administrator of the Estate of Steven Chesny, Deceased v. J. Marek

Court of Appeals for the Seventh Circuit

Decided January 20, 1984No. 82-2927PublishedCited by 41 opinions

1Opinion of the Court

POSNER, Circuit Judge.

Rule 68 of the Federal Rules of Civil Procedure allows a defendant, up to 10 days before the trial begins, to “serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with costs then accrued.” If the offer is rejected and “the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer.” Little known and little used (see Note, Rule 68: A “New" Tool for Litigation, 1978 Duke L.J. 889, 890), Rule…

2Cases cited17 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Hughes v. RoweSupreme Court of the United States · 1980
  3. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  4. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  5. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945

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

3Cited by41 opinions

  1. Marek v. ChesnySupreme Court of the United States · 1985
  2. Champion Produce, Inc. v. Ruby Robinson Co.Court of Appeals for the Ninth Circuit · 2003
  3. Forrest A. Flaminio and Gloria Flaminio v. Honda Motor Company, Ltd., a Japanese CorporationCourt of Appeals for the Seventh Circuit · 1984
  4. Anita Kirchoff and William Kirchoff v. Michael FlynnCourt of Appeals for the Seventh Circuit · 1986
  5. Garrity v. SununuCourt of Appeals for the First Circuit · 1984

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

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