Perspective
Feb. 9, 2011
Early 998 Offers: Wicked Weapon or Wise Tactic?
The validity of a 998 settlement offer, served along with the complaint, is in question. By Gary A. Watt of Archer Norris.
Code of Civil Procedure Section 998 offers rest upon a simple concept. As one appellate court put it, 998 offers "encourage settlement by providing a strong financial disincentive to a party - whether it be a plaintiff or a defendant - who fails to achieve a better result than that party could have achieved by accepting a 998 settlement offer. (This is the stick. The carrot is that by awarding costs to the putative settler the statute ...
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