Thursday, February 2, 2012

Florida Supreme Court "Clarifies" Offer of Judgment Statute!

Here's the understatement of the year:
The threat of a potentially unfavorable award of costs and fees, in theory, would promote settlement, reduce litigation costs, and conserve judicial resources.  This statute, however, has not produced the desired outcome as the validity and applicability of section 768.79 and Florida Rule of Civil Procedure 1.442 have produced a significant amount of independent litigation.
Hmm, you think?

And the money quote:
Now properly before the Court, we hold that section 768.79 is substantive for both constitutional and conflict of law purposes.
Stick that in your choice of law provision and smoke it!

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