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Counsel Concerns: Ambiguous Offer for Daddy Yankee to Settle Suit Ends in Attorney Fees Denial

By Celia Ampel
April 01, 2018

Attorneys who sued “Despacito” artist Daddy Yankee for defamation should have heeded the song's title and drafted their settlement offer slowly, a federal appellate court ruled.

The Puerto Rican reggaeton star, his record company and manager will not have to pay about $900,000 in attorney fees and costs after losing the Miami case because opposing counsel's pretrial settlement offer was ambiguous, the U.S. Court of Appeals for the Eleventh Circuit ruled in an unpublished opinion. Five for Entertainment S.A. v. El Cartel Records Inc., 17-11491.

The case serves as a cautionary tale for attorneys drafting settlement offers in cases where circumstances might change based on pending motions before the court.

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