University of Michigan Law School
My aim in this paper is to examine the incentive effects of the proposed legislation, and the general desirability of nondiscretionary penalties as a method of controlling frivolous litigation. The proposed rule, which I will refer to below as the Modified British Rule, bears a close resemblance to Rule 68 of the Federal Rules of Civil Procedure. Rule 68 imposes court costs on the plaintiff who rejects a settlement offer and then receives a less favorable judgment. While Rule 68 is a nondiscretionary one-way penalty, the Modified British Rule is a nondiscretionary two-way penalty.
Keith N. Hylton,
Rule 68, The Modified British Rule, and Civil Litigation Reform
Michigan Law and Policy Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2231