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GMA Accessories, Inc. v. Electric Wonderland, Inc. et al

MEMORANDUM OF LAW in Support re: 80 MOTION to Withdraw 79 Judgment , Vacate or Modify Bop's Offer of Judgment and the Resulting Judgment.. Document

23 Cited authorities

  1. O'Neil v. Retirement Plan for Salaried Employees of RKO General, Inc.

    37 F.3d 55 (2d Cir. 1994)   Cited 125 times
    Holding that the question of "[w]hether contract language is ambiguous . . . is resolved by reference to the contract alone"

  2. Boosey, Hawkes Music Publishers v. Walt Disney

    145 F.3d 481 (2d Cir. 1998)   Cited 85 times
    Holding that "new-use analysis should rely on neutral principles of contract interpretation" and that "the language of the contract" governs

  3. Radecki v. Amoco Oil Co.

    858 F.2d 397 (8th Cir. 1988)   Cited 92 times
    Holding that parties did not form Rule 68 agreement where the plaintiff's purported acceptance did not "sufficiently reflect" the defendant's offer and "therefore does not amount to an acceptance"

  4. Benicorp Ins. v. National Medical Health Card

    447 F. Supp. 2d 329 (S.D.N.Y. 2006)   Cited 50 times
    Finding settlement unenforceable because the parties' differing understandings of the general release's scope demonstrated that the parties had not agreed on all material terms

  5. Kapoor v. Rosenthal

    269 F. Supp. 2d 408 (S.D.N.Y. 2003)   Cited 55 times
    Approving costs of filing and service of process fees

  6. Scosche Industries, Inc. v. Visor Gear Inc.

    121 F.3d 675 (Fed. Cir. 1997)   Cited 47 times
    Finding declaration in opposition to summary judgment containing hearsay insufficient

  7. Stewart v. Professional Computer Centers, Inc.

    148 F.3d 937 (8th Cir. 1998)   Cited 34 times
    Vacating the Rule 68 judgment because it was not supported by a valid offer and acceptance

  8. Information Superhighway, Inc. v. Talk America, Inc.

    274 F. Supp. 2d 466 (S.D.N.Y. 2003)   Cited 21 times
    Finding release "ambiguous," where it had "two plausible meanings," such that it could have been construed to cover only existing claims or also future claims

  9. Chambers v. Manning

    169 F.R.D. 5 (D. Conn. 1996)   Cited 25 times
    Construing ambiguity against drafter of offer "forces a defendant to be precise about the terms of his offer; . . . a defendant should state his intentions clearly, and any failure to do so will be at his peril"

  10. Foster v. Kings Park Cent. School Dist.

    174 F.R.D. 19 (E.D.N.Y. 1997)   Cited 23 times
    Holding express denial of liability must be viewed in totality of circumstances

  11. Rule 68 - Offer of Judgment

    Fed. R. Civ. P. 68   Cited 3,817 times   163 Legal Analyses
    Granting costs incurred after plaintiff rejected less favorable offer by defendant