Kuehne + Nagel, Inc. v. OJ Commerce, LLC
The Fourth DCA reversed the trial court's award of attorneys' fees under Florida's offer of judgment statute (§768.79) where the parties' shipping agreement contained a New York choice-of-law provision at the time the proposal for settlement was served. The court held that §768.79 is a substantive right unavailable where out-of-state law governs, and that OJC's later waiver of the choice-of-law clause during litigation could not retroactively validate a proposal that was ineffective when served.
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