April 16, 2015 Florida Supreme Court Case: Settlement Offer–what does Florida law say about settlement offers from multiple defendants?

Can you imagine being involved in a contract lawsuit in Palm Beach where you    are up against a big corporation or 3 separate corporations? Each corporation will probably offer you a settlement amount so that you all do not have to have a contract trial in Miami. But, how will you know if that settlement offer is valid under Florida law? If you plan on settling in a breach of fiduciary duty lawsuit against more than one business, you may want to read this recent case from the Florida Supreme Court dealing with settlement offers from multiple defendants.

What is a settlement offer in a civil case?

• In any civil action for damages in Boca Raton, either side can make a settlement offer.
• The offer must:
  (a) Be in writing.
  (b) Name the party or parties making it and the party or parties to whom it is being made.
  (c) State the amount offered to settle a claim for punitive damages.
  (d) State the total amount of the offer.

What did the Florida Supreme Court say about settlement offers from multiple defendants?

• A joint settlement offer in Palm Beach Gardens must include the amount that each party is responsible for paying.
• That means that a single settlement offer from multiple people or businesses must divide the amount being offered from each person or business.

• Did you receive a settlement offer in a partnership lawsuit in Fort Lauderdale?
• If the joint offer came from more than one partnership, you should contact a contract lawyer to make sure that the offer was valid under Florida law.
• In this case, a limited partnership is considered separate from its partners.
• If your company is ever involved in a business dispute against multiple companies, have your company lawyer in Tampa review the settlement offer before accepting it.

To read a free online copy of this case opinion and learn more about joint settlement offers, click here:

http://www.floridasupremecourt.org/decisions/2015/sc12-1783.pdf.