Legal Question in Appeals and Writs in New Jersey

Rule 68 Offer

I recently had a third circuit decision

which affirmed a district court decision based on a verbal settlemant offer without a penny of costs four days before trial. The district court judge originally dismissed the case for lack of subject matter jurisdiction and cited all Rule 68 cases yet no Rule 68 offer was ever made. The judge in the case even asked the defendants on the record if they made an offer pursuant to Rule 68 and they replied no. The third circuit completely ignored the rule 68 issue and instead claimed that prejudgment interest couldn't be sought because there was no judgement. They devoted about three sentences to this whole rule 68 issue. A settlement offer clearly is not a Rule 68 offer and I can find no cases where a case is dismissed as moot under these circumstances. This should have been a no brainer for the third circuit. What's really going on here?

This is troubling as if this stands insurance companies can come in three days before trial and make verbal offers without any terms disclosed and if you refuse, your case is moot. Will I have to go all the way to the Supreme Court on this issue?


Asked on 3/20/07, 7:29 am

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Rule 68 Offer

Without seeing everything, I don't see how any of could answer your question. In addition, I'm sure you had an attorney on the case and he or she would be in the best position to answer this.

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Answered on 3/20/07, 12:09 pm


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