A handful of states, including Alaska, Florida, Texas, Oklahoma and Georgia have some variety of a loser-pays in the form of an offer-of-judgment rule. (Georgia's 2005 S.B. 3 is the best and most recent example). These variants allow a prevailing party to collect its attorneys' fees if the losing party declined an offered judgment for less than the amount ultimately obtained by the prevailing party. In none of the debates preceding enactment of these rules was the absence of a criminal corollary rule proposed as a reason to oppose the measure.

 http://www.pointoflaw.com/archives/003274.php

I don't believe that there there is a "threat of Obviousness".

Be well