Connecticut House Bill HB06324

Connecticut 2019 Regular Session

• Introduced: 1/25/19
• Refer: 1/25/19

Caption

An Act Concerning The Payment Of Attorney's Fees By A Plaintiff Who Refuses To Accept A Defendant's Offer Of Compromise.

Impact

If enacted, HB 6324 would modify the existing legal framework surrounding the awarding of attorney's fees in civil cases. The change is designed to level the playing field by ensuring that plaintiffs who opt not to settle may find themselves bearing additional financial consequences if they do not prevail in their cases. This could serve as a deterrent against pursuing cases that may not have sufficient merit or that could be resolved through compromise, ultimately aiming to reduce court congestion and promote negotiated settlements.

Summary

House Bill 6324 addresses the issue of attorney's fees in civil litigation settings, specifically focusing on situations where a plaintiff refuses a defendant's offer of compromise. The proposed legislation aims to amend section 52-195 of the general statutes, allowing defendants to recover reasonable attorney's fees exceeding $350 when a plaintiff recovers less than the amount specified in the defendant's offer. This bill seeks to incentivize plaintiffs to accept reasonable settlement offers and discourage frivolous lawsuits that could be prolonged by non-acceptance of compromises.

Contention

The bill's provisions may become a point of contention in legislative discussions, particularly among plaintiff advocacy groups who might argue that the risk of paying defendant's attorney's fees could deter individuals from pursuing legitimate claims. Critics may express concerns that the bill could disproportionately affect those with fewer resources who may be less willing to absorb the financial risks involved in refusing a settlement. Opponents might raise questions about the fairness of imposing such penalties on plaintiffs and whether this legislation could undermine access to justice for disadvantaged litigants.