Tag: Offer of Judgment
No Attorney’s Fees Permitted Under Offer of Judgment Rule When not Preserved Under High-Low Agreement
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 […]
Offer of Judgment Sanctions Found Inapplicable in Multidefendant Case
Plaintiff Josh Willner suffered an injury while climbing a rock climbing wall that was owned by his employer (Ivy League Day Camp). He sued the camp, the manufacturer of wall and parts in the wall (Vertical Reality, Inc. and ASCO Numatics) under product liability theories. Before trial, he made a single offer of judgment as […]
Using the Offer of Judgment Rule as a Tool to Obtain a Reasonable Settlement
By Betsy G. Ramos, Esq. Co-Authored by Ryan P. Duffy, Law Clerk The New Jersey Offer of Judgment Rule exists to encourage settlements by requiring litigators to step back and examine the merits of their case and its potential at trial. It can be a very useful tool in negotiating a settlement, particularly, in situations […]
Why You Should Take an Offer of Judgment Seriously
Typically, defendants ignore an offer of judgment filed by a plaintiff. The published Appellate Division decision in Feliciano v. Faldetta, 2014 N.J. Super. LEXIS (App. Div. 2014) should give defendants a reason to take these offers seriously. In Feliciano, a $15,000 offer of judgment, which was rejected, turned into a $109,185 judgment after attorneys fees, […]
Betsy G. Ramos
Keith Toll
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