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Litigation

: Trial Lawyer Resource Center

Well written Remand Order (USDCT)

By Mark Zamora

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Find it here:

 

http://www.slideshare.net/mzamoralaw/steele-remand-order-11th-circuit

From the Order:

 

The question is whether a specific settlement demand, given all the evidence presented, established by a preponderance of that evidence that the amount in controversy exceeds $75,000. At bottom, the defendants insist that the plaintiffs' demand of $155,000 must meet this standard simply because the demand was made. The proper assessment of settlement offers is not so facile. 'While [a] settlement offer, by itself, may not be determinative, it counts for something.' Burns v. Windsor Insurance Co., 31 F.3d 1092, 1097 (11th Cir. 1994). What it counts for, however, depends on the circumstances. Settlement offers commonly reflect

Full post as published by Trial Lawyer Resource Center on November 20, 2010 (boomark / email).

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