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Expert Analysis

An Inefficient Mix: Arbitration And Rule 68

Law360, New York (December 3, 2014, 10:28 AM EST) -- Sometimes, when two doctrines that were designed to increase efficiency mix, they have a synergistic effect, creating even greater efficiencies. However, when an offer of judgment pursuant to Federal Rule of Civil Procedure 68 collides with an arbitration proceeding the efficiencies that these two doctrines were intended to promote can cancel each other out....

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