Legal Opinion

Pope v. Gap, Inc.

New Mexico Court of Appeals

Decided June 18, 1998No. 17529PublishedCited by 48 opinions

1Opinion of the Court

OPINION

FLORES, Judge.

{1} In this appeal, we examine the meaning of an offer of judgment under Rule 1-068 NMRA 1998. Specifically, we address two issues: (1) whether, in making and accepting an offer of judgment under Rule 1-068, the parties, Plaintiff Robert Pope (Pope) and Defendant The Gap, Inc. (The Gap), agreed to the form of judgment entered by the trial court, and (2) whether a Rule 1-068 judgment that is silent on the issue of liability can constitute a determination of liability or an admission of liability which may be used against the offeror in other litigation. For the reasons…

Also in this document: Concurrence.

2Cases cited42 opinions

  1. Marek v. ChesnySupreme Court of the United States · 1985
  2. United States v. Armour & Co.Supreme Court of the United States · 1971
  3. Delta Air Lines, Inc. v. AugustSupreme Court of the United States · 1981
  4. In Re Robert J. Young and Donna M. Young, Debtors. Fowler Brothers v. Robert J. Young and Donna M. YoungCourt of Appeals for the Tenth Circuit · 1996
  5. Mallory v. EyrichCourt of Appeals for the Sixth Circuit · 1991

37 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Meadows v. Wal-Mart Stores, Inc.West Virginia Supreme Court · 2000
  2. Apodaca v. AAA Gas Co.New Mexico Court of Appeals · 2003
  3. DeArmond v. Halliburton Energy Services, Inc.New Mexico Court of Appeals · 2003
  4. Farmington Police Officers Ass'n Communication Workers Local 7911 v. City of FarmingtonNew Mexico Court of Appeals · 2006
  5. Brooks v. Norwest Corp.New Mexico Court of Appeals · 2004

43 more not listed; retrieve them via the Exa API.

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