Celesq® Programs

The Slow Death of Statutory Prevailing Party Fees in Florida and the Resurgence of the American Rule

Program Number
Program Date
CLE Credits

The Florida Supreme Court in October, 2021 sharply curtailed the ability of a defendant to recoup attorney’s fees and costs after successfully defending against a breach of contract claim. In a deceptively simple decision, the Court swept away years of caselaw that broadened the application of the Florida statute that makes prevailing party fees provisions reciprocal in contracts which contain one-sided prevailing party fees clauses. 

The decision encourages frivolous litigation and may mark the beginning of a resurgence of the American Rule—parties in litigation pay their own fees, no matter how lopsided the finances between them or meritless the litigation. 

Available in States

  • California
  • Colorado
  • Georgia
  • New Jersey
  • New York
  • Texas Self Study

Program Categories

  • Business Organizations & Contracts
  • Complex Litigation
  • Contracts
  • Federal Courts
  • Financial Regulatory
  • In-House Counsel
  • Litigation & Litigation Skills
  • Litigation and Appeals
  • State Specific Programs


  • Areas of Professional Practice : 1 Credit