As to remaining four cases, Deshaun Watson could use formal “offer of settlement” procedure under Texas law

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It’s unclear why four of the 24 plaintiffs suing Browns quarterback Deshaun Watson did not settle their claims. Surely, Watson would prefer to resolve all of the cases. (Last year, he declined a chance to settle 18 of the cases because he couldn’t settle all 22 that were pending at the time.)

So what happens with the remaining four cases? It’s possible that Watson needs to simply offer more than the amounts paid to the 20 who are settling. A mediation session with Watson, the four remaining plaintiffs, and their lawyers could potentially get it done. If that fails, Watson has another option available to him under Texas law.

It resides in Rule 167 of the Texas Rules of Civil Procedure. Watson can make an offer of settlement to each of the remaining four plaintiffs. In a nutshell, his lawyers would calculate an all-in number that covers the actual settlement of the claim, attorney fees, costs, and interest. If not accepted, and if the plaintiff ultimately recovers less than 80 percent of the amount of the offer through the trial process, the plaintiff would then become responsible for all litigation costs incurred by Watson from the time the offer was rejected.

Although a provision added to Rule 167 in 2011 makes it impossible for the plaintiff to experience a net loss, the plaintiff could still lose the full amount of the verdict, if it lands (plus fees, costs, and interest) at less than 80 percent of the amount of the offer.

Basically, an offer of judgment would give each plaintiff something to think about. It would put a recovery at risk of being significantly limited and potentially wiped out. It would give a plaintiff who otherwise has nothing to lose something to lose.

In this case, an offer of judgment could be the thing that finally delivers settlements of the remaining four cases.

15 responses to “As to remaining four cases, Deshaun Watson could use formal “offer of settlement” procedure under Texas law

  1. They should ask for more than the other 20 but at some point best to settle and get on with your life.

  2. Attention: four remaining plaintiffs. Old, tried and true legal maxim: A bird in the hand is worth two in the bush.

  3. Maybe the 4 who turned down the settlement would prefer justice being served to getting the money and signing NDAs. It’s not a given that all 4 will simply accept larger settlement amounts.

    Not all victims of sexual assault are willing to just accept a check to go away.

  4. Prefer justice?? These are civil suits so money is the only justice they can get. Maybe for them more money equals more justice?

  5. Maybe one of these women really want him to pay in another way. What if he did something so messed up that they want the world to know about it.

  6. jimmysee says:

    June 21, 2022 at 4:36 pm

    Attention: four remaining plaintiffs. Old, tried and true legal maxim: A bird in the hand is worth two in the bush
    ————-
    You should probably try and understand what “legal maxim” actually is because an old timey saying isnt it

  7. This is an absolutely terrible law. Only in Texas does the government essentially coerce you into accepting a settlement offer due to a fear that going to trial may result in you receiving nothing.

    There are other reasons to proceed to court rather than seeking a larger sum of money. Unfortunately in Texas you can’t do that without risking the compensation you are legally entitled to.

  8. “jimmysee says:

    June 21, 2022 at 4:36 pm

    Attention: four remaining plaintiffs. Old, tried and true legal maxim: A bird in the hand is worth two in the bush
    ————-
    You should probably try and understand what “legal maxim” actually is because an old timey saying isnt it”

    ———
    I actually thought he was being facetious and you, perhaps, a bit too serious? In any case, I’ll be happy when everyone stops talking about Watson and his “proclivities.” Then again, since he doesn’t feel he did anything wrong, maybe it’s only a matter of time until…

  9. “Justice” left a LONG time ago with no indictment. Getting PAID is what this is all about now. Going to court is literally gambling at this point.

    Either take a guaranteed amount now or risk not getting anything at all.

  10. Why didn’t these women just say no? You think Watson is the only massage client that ever pulled this? This has pay day written all over it. If it wasn’t Watson do you think there would be 26 suits?

  11. I not sure paying millionns, still facing litigation, and an NFL suspension were the happy endings he was seeking when dealing with 66 massage therapists.

  12. pftpro says:
    June 21, 2022 at 4:18 pm
    If it were me, I’d say I don’t want the money, I want justice…

    ———————————–

    People often say they want justice until they are shown a big pile of cash…and then they take the cash.

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