Cases of Interest

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Where a plaintiff makes multiple valid and unrevoked section 998 offers, and their award is less favorable than their final offer, the last offer controls for purposes of determining any entitlement to section 998 benefits.

The Savage rule, which absolves a shipper of liability, does not apply where a third party, rather than the carrier, brings a negligence claim against the shipper.

Counsel has no ethical obligation to refrain from using inadvertently produced discovery if it is not clearly privileged, and disqualification is unwarranted if the produced discovery does not give counsel an unfair advantage in litigation.

Courts can have specific personal jurisdiction over foreign litigants if there is sufficient contact with the forum, even if negotiations occur abroad.