An Act Permitting A Defendant To Recover Litigation Costs When An Offer Of Compromise Is Rejected By The Plaintiff.
The proposed amendment to subsection (b) of section 52-195 of the general statutes represents a significant shift in the balance of costs in civil litigation. If passed, it would empower defendants to recover costs associated with litigation, which they would not have been able to do prior if a reasonable offer was declined by the plaintiff. This could lead to an increase in settlement negotiations as parties reassess the financial implications of pursuing cases that might otherwise result in undesired outcomes.
House Bill 06179 seeks to amend the Connecticut statutes to allow defendants in civil litigation to recover certain litigation costs if a plaintiff rejects an advantageous offer of compromise. The intent behind this bill is to encourage earlier settlements in civil cases, potentially reducing the burden on the courts and promoting more efficient resolution of disputes. By incentivizing plaintiffs to consider reasonable offers, the bill aims to streamline litigation processes.
Notable points of contention surrounding HB 06179 include the potential to disproportionately impact plaintiffs in civil cases, particularly those who may already face significant challenges in accessing the courtroom. Critics argue that this bill could deter valid claims by placing a financial burden on plaintiffs who might fear incurring further costs if they refuse an offer. Supporters, however, argue that it encourages responsible litigating practices and prevents lengthy trials over cases that could be resolved amicably. The discussions may reveal the ongoing balance between incentivizing settlement and ensuring fair access to justice.