Celesq® Programs

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

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