Civil Litigation,
Law Practice
Dec. 20, 2019
Creative uses of the 'high-low' agreement
The “high-low” agreement is an often underutilized and misunderstood tactic, typically used in a jury trial to reach a settlement. Prior to the rendering of a verdict, plaintiff and defense counsel stipulate in writing or on the record in open court to a conditional settlement that sets the floor and ceiling of the outcome. If this sounds simple, it both is and isn’t.
Brian S. Kabateck
Founding and Managing Partner
Kabateck LLP
Consumer rights
633 W. Fifth Street Suite 3200
Los Angeles , CA 90071
Phone: 213-217-5000
Email: bsk@kbklawyers.com
Brian represents plaintiffs in personal injury, mass torts litigation, class actions, insurance bad faith, insurance litigation and commercial contingency litigation. He is a former president of Consumer Attorneys of California.
Serena J. Vartazarian
Associate
Kabateck LLP
Southwestern Univ SOL; Los Angeles CA
Serena has expertise in catastrophic personal injury, medical malpractice, and products liability cases.
The “high-low” agreement is an often underutilized and misunderstood tactic, typically used in a jury trial to reach a settlement. Prior to the rendering of a verdict, plaintiff and defense counsel stipulate in writing or on the record in open court to a conditional settlement that sets the floor and ceiling of the outcome. If this sounds simple, it both is and isn’t.
The incentive for parties to enter into a high-low is that it prov...
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