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Delta Air Lines, Inc. v. August

450 U.S. 346 (1981)
JurisdictionUnited States
CourtSupreme Court of the United States
Year1981
StatusBinding authority

Summary

Rule 68 cost-shifting structure when plaintiff obtains a less favorable judgment than the offer

Key Principle

Rule 68 cost-shifting structure when plaintiff obtains a less favorable judgment than the offer

Area of Law

Civil Procedure — FRCP 50 59 60 trial motions and relief

Related Cases

Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc. 546 U.S. 394 (2006)

Failure to renew Rule 50 motion post-trial bars appellate JMOL / sufficiency review under Rule 50

Weisgram v. Marley Co. 528 U.S. 440 (2000)

Appellate court may direct JMOL when remaining evidence is legally insufficient; new trial not automatic

Marek v. Chesny 473 U.S. 1 (1985)

Rule 68 “costs” may include attorney’s fees when the fee statute defines fees as costs

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