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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Written by:


Carlton Fields on:

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