Archway Insurance Services, LLC v. Harris

MEMORANDUM

1. The district court correctly found that the Harrises’ unapportioned offer of judgment was valid. Nevada Rule of Civil Procedure (NRCP) 68 and Nevada Revised Statute (NRS) § 17.115 permit an award of attorney’s fees against a party who rejects an offer of judgment and obtains a less favorable outcome. Albios v. Horizon Cmties., Inc., 122 Nev. 409 , 132 P.3d 1022 , 1028 (2006). When a defendant makes an unapportioned offer of judgment to multiple plaintiffs, NRCP 68 and NRS § 17.115 require the defendant to show that the plaintiffs asserted a “single common theory of liability” and that “the same person was authorized to decide whether to settle the claims of all plaintiffs.” Id. at 1031.

Plaintiffs asserted a single common theory of liability. Their complaint contained two counts against the Harrises, both of which were labeled “Plaintiffs v. James Harris and Gregory Harris.” The prayer for relief does not differentiate among the plaintiff companies. The district court correctly found that the complaint alleged a common theory of liability.

The court also ruled correctly on the settlement authorization prong. A group of four individuals, all principal owners of the…