Proposals for Settlement in Federal Diversity Actions – Don’t Forget Rule 1.442!
It’s well settled that Florida’s offer of judgment statute (section 768.79, Florida Statutes) is substantive law that is applicable to Florida law claims in federal diversity actions.[1] But what about rule 1.442 of the Florida Rules of Civil Procedure. Surely a state court procedural rule doesn’t apply in federal court, right? Not so fast, my...