Kuehne + Nagel, Inc. v. OJ Commerce – Fourth DCA Holds Choice-of-Law Provision Renders Proposal for Settlement Ineffective
The Fourth DCA held that a proposal for settlement served under section 768.79 was ineffective where the parties’ contract contained a New York choice-of-law provision that had not yet been waived at the time the proposal was served, even though the offeree later waived the provision.