Offer Of Judgment That Did Not Quantify Damages Was Impermissibly Vague

An offer of judgment under Fed. R. Civ. P. 68 requires a plaintiff to make a choice between a proposed settlement and risking continued litigation with the possible addition of costs. In Basha v. Mitsubishi Motor Credit of America, Inc., 336 F.3d 451 (5th Cir. July 14, 2003), the court held that the offer was too vague to allow plaintiff to make an informed decision. The faulty language stated that the offer “envisions the attorneys for the parties agreeing upon reasonable compensation for Plaintiff’s claimed ‘actual damages,’ and that said amount is added to this Offer of Judgment.”