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Tag: high-low agreement

No Attorney’s Fees Permitted Under Offer of Judgment Rule When not Preserved Under High-Low Agreement

By on August 24, 2018 in Awards with 0 Comments

Plaintiff Lucia Serico filed a motion for attorney’s fees following a jury trial in a medical malpractice case based upon an offer of judgment she had made before the trial. While the jury was deliberating, she entered into a high-low agreement with the defendant. When the jury returned a verdict of $6 million, which was […]

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High-low Agreement Barred Award of Attorney’s Fees under Offer of Judgment Rule

By on March 2, 2017 in Awards with 0 Comments

Plaintiff Lucia Serico entered into a high-low agreement with defendant Robert M. Rothberg, M.D. to resolve her claim against the defendant. However, in reaching this settlement, plaintiff did not expressly reserve her rights to recover fees under the Offer of Judgment rule. Based upon the jury award, the plaintiff would have been entitled to these […]

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