Proposals For Settlement: How To Draft Ones That Will Stick And How To Deal With Them When They Land On Your Desk

In This Presentation:

- Offer of Judgment Statutes

- 768.79 Offers

- Rule 1.442

- What does an OJ include?

- Shifting Defendant’s Fees

- 768.79 Language

- Shifting Plaintiff’s Fees

- Subsequent Offers

- OJ cannot be used as evidence at trial or in other proceedings

- Rule 1.442 Requires OJs To Identify: (Part I of III)

- Rule 1.442 Requires OJs To: (Part II of III)

- Rule 1.442 Requires OJs To: (Part III of III)

- Once Fees Are Triggered

- Why Offers Are Invalidated

- Apportionment

- Good Faith – What is it?

- Why is Good Faith Important?

- Nominal Offers

- Reasonable Rejection

- Non-Monetary Conditions

- To Release or Not To Release

- Release Options

- Standard of Review on Appeal

- Stupid Mistakes

- Cutting Edge Issues

- Application in Federal Court

- Class Actions – Class Reps

- Strict Construction of Rule 1.442

Please see full presentation below for more information.

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Topics:  Apportionment, Class Action, Evidence, Fee-Shifting Statutes, Offer of Judgment, Standard of Review, Strict Construction

Published In: Civil Procedure Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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