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OH HB225
Bill
Status
6/26/2013
Primary Sponsor
James Butler
Click for details
AI Summary
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Establishes a settlement offer procedure in Ohio civil law (section 2307.31) applicable only to disputes between entities (corporations, LLCs, partnerships, banks, trusts) and excluding natural persons.
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Requires settlement offers to be made 30+ days after service of summons but at least 30 days before trial, must be in writing with specific required disclosures including amount, conditions, and whether attorney's fees are included.
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Allows defendants to recover attorney's fees and litigation costs from plaintiffs who reject an offer and then receive a judgment of no liability or less than 75% of the offer amount.
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Allows plaintiffs to recover attorney's fees and litigation costs from defendants who reject an offer and then lose a judgment exceeding 125% of the offer amount.
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Permits either party to pursue recovery of attorney's fees and costs either by motion after judgment or through a separate civil action within one year, with defenses available for offers made in bad faith or frivolous claims.
Legislative Description
To create a procedure for settling civil actions between parties other than natural persons and providing for an award of reasonable attorney's fees and litigation expenses by motion or by a separate action in certain situations in which a judgment is entered against a party that rejects an offer of settlement.
Civil actions-settlement-attorney's fees/ artificial persons
Last Action
To Judiciary
6/26/2013