Section 37 “High-Low” Agreements

• Library: Damages 2012

A procedure to limit the risk at trial is for litigants to enter into a “high-low” agreement in which a defendant “agrees to pay a certain minimum amount (the “low”) of money damages regardless of the size of the verdict in return for a plaintiff’s agreement not to collect any amount in excess of a certain amount (the “high”).” See Morry S. Cole, High-Low...