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New High Court Ruling Gives Employers Leverage In Alternative Choice Offers

Published

28 August 2026

Topic

regulatory

◆ Sectors

Generalist

◆ Geography

United States

◆ Source

Read at cdflaborlaw.com →

◆ Verified

Fusion42 · 28 August 2026 · Fusion42 review

The California Supreme Court ruled that settlement offers under CCP section 998 can include alternative sets of terms in a single offer if clearly structured and at least one option can be accurately valued, giving employers more leverage in litigation settlements.

This Wire brief sits within Fusion42's coverage of Generalist.

◆ ◆ The Wire takeaway

You can now construct settlement offers with multiple payout options in California litigation, which reduces your post-trial cost risks and speeds settlement talks. Employers gain a new tool this week to frame offers that opponents must carefully evaluate or face penalties.

◆ Coverage

1 source · 28 Aug 2026

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Generalistcalifornia-lawsettlement-offerslitigationemployer-advantagecost-shifting