Aaron Kempf

Document Type

Case Summary

Publication Date

2-2024

Case Synopsis

The Court looked at the “amount of the offer” an offeror must pay to obtain NRCP 68(d)(2) dismissal and how that turns on the way the offeror drafts the offer. In particular, the Court identified the differences between an “inclusive” and “exclusive” offer by an offeror and how that changes the recoverable amounts by the offeree. An “inclusive” offer includes all allowances in the exact number written in the offer of judgment. Conversely, exclusive language is not necessarily the number in the offer of judgment. Instead, exclusive language tells the offeree that the offer does not allocate (exclude) a valuation or their costs, expenses, interest, and allowable attorney fees. Additionally, the Court held that acceptance of an offer effectively renders the offeree a prevailing party. Accordingly, the Court held that the district court erred in dismissing the case without Lucky Cab paying the pre-offer costs and interests that were promised and that Agular would otherwise be entitled to as a prevailing party due to Lucky Cab Co. and Adugna Demesash’s (collectively “Lucky Cab”) settlement language, which was an exclusive offer.

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