998 Offers for Defendants Facing Attorney Fees

Summary. This presentation explains 998 offers for defendants who have (1) bad facts; (2) relatively certain damages; and (3) are facing attorney fees. A 998 Offer is an offer to settle that has certain characteristics. If a 998 offer is not accepted and the case reaches a judgment, the Court will compare the value of the 998 Offer to the value of the judgment in order to determine a prevailing party. If the 998 offer exceeds the value of the judgment, the party who made that offer is considered the Prevailing Party. The Prevailing Party does not have to pay the opponents’ costs, can collect its costs from the opponent, and the point of this presentation, may be able to prevent the opponent from collecting attorney fees. This summary is incomplete. See the attached presentation for more detail.

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