Early Resolution Strategies in Warranty Litigation

Articles & Publications

January 1, 2004

The Magnuson-Moss Act's fee-shift provision, 15 U.S.C. § 2310(d)(2), may, in some cases, make it more difficult, or sometimes impossible, to settle a case prior to, or early in, the litigation. As a consequence, warrantors may be needlessly forced to litigate, incur substantial defense costs, and face increasing exposure for the plaintiff's attorney's fees and costs. Avoidable or unnecessary litigation also burdens the court system. Here, we briefly explore three strategies for attempting to bring about expedited resolution of a case: an offer of judgment; a motion to enforce a pre-filing offer; and a motion for entry of judgment.

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