X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.


http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48292

Judge Motley

PLAINTIFF CHARGED his employers with constructive discharge, violations for breach of contract, failure to pay wages pursuant to New York Labor Law, intentional interference with contractual relations, and unjust enrichment. A jury had returned a verdict in favor of defendants on plaintiff’s claims and defendants subsequently moved for an award of taxable costs, including attorney’s fees. Defendants argued that because plaintiff refused their offer of judgment for $50,000 and thereafter recovered a judgment of a lesser amount, they are entitled to all litigation-related costs incurred after the date of the offer. The instant court found that defendants, as the “prevailing party,” are entitled to allowable costs under Rule 54(d)(1) of the Federal Rules of Civil Procedure. The court, however, determined that defendants are not entitled to costs under Rule 68, noting that plaintiff did not obtain a judgment on the claims set forth in his complaint.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.