It is Tuesday morning. Yesterday, your adversary accepted a Rule 68 Offer of Judgment for $5,000 to settle “all claims,” which concluded a long, hard-fought federal litigation.

You are in good spirits because, during a complicated litigation with protracted discovery, you established that the plaintiff’s claims had little or no merit with no likelihood of recovery at trial. You happily passed along your adversary’s acceptance of the Rule 68 offer to your client — who was likewise thrilled that the case was finally over and resolved — with a request for the $5,000 settlement check. All is well.

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