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EmailAnyone familiar with our blog knows that Mills & Associates is a proponent of the Nevada Offer of Judgment rules. Recently the Nevada Supreme Court provided yet another reason why Offers are worth making. In Re Estate of Miller, 125 Nev. Adv. Op. 42, 216 P.3d 239 (September 9, 2009).
Miller involved a will contest in which the Defendant made Offers of Judgment to the Plaintiffs. At trial the Plaintiffs prevailed and the Defendant appealed. On appeal the Nevada Supreme Court reversed and found in favor of the Defendant as a matter of law.
Following the appeal, Defendant sought to recover her attorney’s fees and costs. While initially the District Court awarded Defendant $28,730.25 in costs and $100,000.00 in attorney’s fees the District Court reconsidered and reversed its award finding that a more favorable judgment could not be the result of an appellate reversal. The Nevada Supreme Court reversed defining the word judgment within the Offer of Judgment rules to mean a “final judgment”. Thus a trial court judgment which is challenged on appeal is not final for purposes of Offers of Judgment until the appeal is concluded and a final outcome is obtained. .
Even more important, the Nevada Supreme Court’s found that the recoverable fees and costs include those incurred in bringing or defending the appeal itself, proving once again that the Offer of Judgment is a an often underused, but very powerful litigation tool.
Additional information on strategically implementing Offers of Judgment in Nevada litigation can be found by clicking HERE. We also encourage you to explore the “Categories” listed in the right column for related topics.
If you have any questions about the Offer of Judgment or other effective litigation strategies, feel free to contact me at 702.240.6060 or by email.
— Mike Mills
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