(Credit: Bigstock) 'Staggering Gamesmanship': Case Law, Statute Clash Over 'Gotcha' Settlement Tactics on Appeal
Defendant-appellant counsel Matt Friedlander said waiving the Civil Practice Statute was "a legally inert proclamation … like Michael Scott standing up and saying 'I declare bankruptcy.' It's funny, but it doesn't mean anything."
May 02, 2024 at 04:59 PM
5 minute read
What You Need to Know
- The defendant in a wrongful death auto tort appealed their case, arguing that the plaintiffs set them up to fail to accept a settlement offer with an overly complicated demand.
- Meanwhile, the plaintiffs argue the defense is recanting on terms it already agreed to and signed off on.
- Now, the defense argues the Civil Practice Act should apply to the dispute, while plaintiffs contend it should be interpreted under common law contract formation.
The definition of a bona fide settlement agreement according to the 2021 version of the Georgia Civil Practice Act was up in the air at oral argument on Wednesday.
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