In a recent decision in Massachusetts, a judge applied the “rule of compromises” to reduce the attorney fees awarded to the prevailing party in a lawsuit against Boston Children’s Hospital. The underlying case concluded with a jury awarding Amy Tishelman $1.49 million for retaliation claims. However, her attorneys, who requested $674,422 in fees and costs, faced a significant reduction given a prior settlement offer of $3.2 million made by the defendants in March 2024. Suffolk County Superior Court Justice Anthony M. Campo Jr. ruled that under Massachusetts Rule 68 of Civil Procedure, attorney fees must be curtailed if a plaintiff rejects a settlement offer and subsequently secures less at trial.
The legal framework underpinning this decision allows defendants to propose a settlement that aims to circumvent prolonged litigation and trial costs. If the outcome at trial results in a lesser recovery than the settlement, attorney fees and legal costs past the proposal date are non-recoverable. For further details, see the original report on Law.com.