The Slow Death of Statutory Prevailing Party Fees in Florida and the Resurgence of the American Rule
Expired
Program Number
31310
Program Date
2021-12-20
CLE Credits
1
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
PROGRAM CREDITS
- Areas of Professional Practice : 1 Credit
