Topic: rejected settlement offer under rule 68, by itself, cannot … · Go Syfert
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Topic #15879

7 canonical passages across 6 cases, quoted by 25 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Peter McCauley v. Trans Union, L.L.C., Docket No. 04-1386-Cv.

#Case FlagCanonical passage Citers
1 Peter McCauley v. Trans Union, L.L.C., Docket No. 04-1386-Cv Anchor
ca2 · 2005
green “rejected settlement offer under rule 68, by itself, cannot render moot a case.” 5
2 United States v. Wiltshire
ca2 · 2014
green “the case or controversy clause of article iii, section 2 of the united states constitution limits the subject matter jurisdiction of the federal courts such that the 'parties must continue to have a personal stake in the outcome of the lawsuit.” 5
3 Lucero v. Bureau of Collection Recovery, Inc.
ca10 · 2011
green “as rule 68 operates, if an offer is made for a plaintiff's maximum recovery, his action may be rendered moot.” 3
4 Diaz v. First American Home Buyers Protection Corp.
ca9 · 2013
green “an unaccepted rule 68 offer that would have fully satisfied a plaintiff's claim does not render that claim moot . . . as a result of the language, structure and purposes of rule 68 and . . . fundamental principles governing mootness” 3
5 Diaz v. First American Home Buyers Protection Corp.
ca9 · 2013
green “the second circuit has produced several opinions addressing this question; other courts interpreting these opinions have come to opposite views about the second circuit's position without ever acknowledging these divergent interpretations.” 3
6 Thorogood v. SEARS, ROEBUCK AND CO.
ca7 · 2010
green “the offer exceeded the amount in controversy and so the case was moot.” 3
7 Jeffrey M. Stein D.D.S. M.S.D. P.A. v. Buccaneers Limited Partnership
ca11 · 2014
green “giving controlling effect to an unaccepted rule 68 offer . . . is flatly inconsistent with the rule” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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