In a matter of first impression, Bruce Nagel argued before the New Jersey Supreme Court that the widow in a medical malpractice case did not waive her right to attorneys’ fees pursuant to the offer of judgment rule. Bruce argued that because the widow did not expressly waive her right to recover attorneys’ fees, she is entitled to seek her attorneys’ fees. During the trial of this matter, the jury awarded Plaintiffs $6 million and Plaintiffs were to receive $1 million pursuant to the “high-low” agreement. Following the verdict, Plaintiffs moved, pursuant to the Rule, for an order seeking the mandatory litigation costs and attorneys’ fees.
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