U.S. Court of Appeals for the 9th Circuit
Oct. 8, 2013
Defendant cannot elude lawsuit by offering to pay, 9th Circuit rules
Answering for the first time in the 9th Circuit a question that has split other circuits, a circuit panel on Friday ruled that a defendant cannot elude a plaintiff's lawsuit by offering to accept judgment and pay the amount claimed.
By John Roemer
Daily Journal Staff Writer
Answering for the first time in the 9th Circuit a question that has split other circuits, a circuit panel on Friday ruled that a defendant cannot elude a plaintiff's lawsuit by offering to accept judgment and pay the amount claimed, then ask a court to declare the case moot if the plaintiff refuses the deal. The U.S. Supreme Court has not decided the issue either, but four liberal justices in a dissent this year by Elena Kagan held t...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In