Date of Case Completion:
February 12, 2015
Category:
Civil Procedure / Offers of Judgment / Rule 68 / Appellate Victory
Summary:
McLemore Law PLLC successfully defended the enforceability of a Rule 68 offer of judgment, helping establish that such offers cannot be revoked within the ten-day acceptance period under Tennessee law. The Tennessee Court of Appeals agreed with McLemore Law’s interpretation, and the Tennessee Supreme Court declined further appeal—making the ruling final.
Description:
Case Name: McGinnis et al. v. Cox et al.
Court: Circuit Court for Giles County, Tennessee
Docket No.: CC-11441
This case involved significant personal injury claims following an automobile accident. The plaintiffs served a Rule 68 offer of judgment on the defendants but attempted to revoke it before the ten-day acceptance window expired. McLemore Law’s clients accepted the offer within that period, and a dispute arose over whether the offer was enforceable.
McLemore Law filed a Motion to Enforce the offer, arguing that Rule 68 expressly allows a ten-day period during which the offer may not be revoked. The trial court agreed, citing both Tennessee and federal case law, and ruled in favor of enforcement.
The plaintiffs appealed, and McLemore Law argued the issue—a matter of first impression in Tennessee—before the Tennessee Court of Appeals on September 17, 2014. On October 31, 2014, the Court affirmed the trial court’s decision, declaring that Rule 68 offers of judgment are irrevocable during the ten-day window. The plaintiffs’ request for review by the Tennessee Supreme Court was denied on February 12, 2015, finalizing the victory.
This outcome clarifies civil procedure in Tennessee and protects the integrity of Rule 68 offers, ensuring that accepting parties have a full and fair opportunity to respond.