what I am neglecting to say here is that the American rule that is championed by some on the other side applies in that example that I just gave where the jury comes back with an award between $100,000 and $50,000. Neither party pays the other party's attorney fees because neither of them has a claim that they made an offer better than what the other party finally achieved in the case.
Editor's note · Context
Discussing the American rule regarding attorney fees in a legal context.
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