10
Sep

Federal Rule of Civil Procedure 68 is a risk-shifting tool designed to encourage settlements in civil litigation—in essence, it serves to penalize a plaintiff who refuses to accept a reasonable settlement offer by making him responsible for all “costs” incurred after the date on which the offer was made.  It is triggered where the plaintiff offeree refuses to settle, and then fails to obtain a judgment that is more favorable than the settlement offer.  Because an offer of judgment shifts ...