Professional Membership
Bankruptcy | Case Law | Rule 68
RULE 68
Nusom v. Comh Woodburn, Inc., 122 F.3d 830 (9th Cir. 1997)
The judgment did not clearly and unambiguously waive or limit attorneys’ fees as it wa
silent on the subject. A rule 68 offer for judgment in a specific sum together with costs, which is
silent as to attorneys’ fees, does not preclude the plaintiff from seeking attorneys’ fees when the
underlying statute does not make attorneys’ fees a part of costs. On remand, the district court was
required to consider the Nusoms’ fee request on the merits.