I say to the gentleman, ``You and I had discussed, even before markup, the possibility of utilizing the Michigan rule, to which I referred to before. In that case let me give the hypothetical and see if you agree. I offer--as a claimant I claim $100,000, and you, the defendant, offer $50,000, just like in your example that you gave the gentleman from Virginia. But in applying the Michigan rule, which I looked upon with favor, if we stopped there and were hard set that those two figures, and it moves into trial, the figure, for the purpose of loser pays, becomes the median between the two at $75,000. So then, if the verdict comes in at $76,000 or above $75,000, then the defendant has to pay all the costs.'' Correct; under the Michigan law?
Editor's note · Context
Discussing the Michigan rule in relation to negotiations and trial costs.
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