Qualifies for MCLE Self Study - 1.0 Hours of General Credit
A proper section 998 settlement offer can result in cost-shifting that could change, even flip, the net economic effect of a judgment. A defense offer that a plaintiff does not accept can result in a plaintiff paying some defense costs and forfeiting some plaintiff costs – even if the plaintiff recovers a judgment! But if you do not make a proper offer you lose that benefit to the client. On the other hand, a plaintiff offer that a defendant does not accept can make a defendant liable for plaintiff’s expert witness fees -- and in personal injury tort cases, for prejudgment interest.
Please join us for an interactive program with presenters, Don Willenburg, chair of the ADC’s amicus briefs committee, and Tyler Paetkau, co-chair of the employment law committee, who will discuss the basics of what makes an enforceable 998 offer and address some recent and surprising decisions.
A proper section 998 settlement offer can result in cost-shifting that could change, even flip, the net economic effect of a judgment. A defense offer that a plaintiff does not accept can result in a plaintiff paying some defense costs and forfeiting some plaintiff costs – even if the plaintiff recovers a judgment! But if you do not make a proper offer you lose that benefit to the client. On the other hand, a plaintiff offer that a defendant does not accept can make a defendant liable for plaintiff’s expert witness fees -- and in personal injury tort cases, for prejudgment interest.
Please join us for an interactive program with presenters, Don Willenburg, chair of the ADC’s amicus briefs committee, and Tyler Paetkau, co-chair of the employment law committee, who will discuss the basics of what makes an enforceable 998 offer and address some recent and surprising decisions.