Legal Opinion
Colonial Penn Insurance Company v. Willard Frank Coil Betty Marian Coil
Court of Appeals for the Fourth Circuit
Decided October 30, 1989No. 88-2636PublishedCited by 478 opinions
1Opinion of the Court
DONALD RUSSELL, Circuit Judge:
This case poses the question whether a district court may approve the offeror’s revocation of an offer of judgment made pursuant to Fed.R.Civ.P. 68 when the offer is induced by fraudulent conduct on the part of the offeree. The district court held that under Rule 68 the offer of judgment could not be revoked, regardless of any proof of fraud on the part of the offeree that became known to the offeror after it extended the offer.
We are of the opinion that a district court may approve the revocation of a Rule 68 offer of judgment if it is discovered that the…
2Cases cited7 opinions
- John W. Wilson v. Volkswagen of America, Inc., a New York Corporation and Volkswagenwerk, A. G., a Foreign Corporation, Wolfsburg, Western GermanyCourt of Appeals for the Fourth Circuit · 1977
- Rodic v. Thistledown Racing Club, Inc.Court of Appeals for the Sixth Circuit · 1980
- Clovis Carl Green, Jr. v. Warden, U.S. PenitentiaryCourt of Appeals for the Seventh Circuit · 1983
- Ronald J. Radecki and Radecki's Service, Inc., a Minnesota Corporation v. Amoco Oil Company, a Maryland CorporationCourt of Appeals for the Eighth Circuit · 1988
- Billy Dwight Coney v. Mr. And Mrs. Ainsworth Smith, Det. Douglas MundyCourt of Appeals for the Eleventh Circuit · 1984
2 more not listed; retrieve them via the Exa API.
3Cited by478 opinions
- United States Ex Rel. Robinson Rancheria Citizens Council v. Borneo, Inc. Clear Lake Indian Bingo Ltd. American Arbitration Association Herman SchnerCourt of Appeals for the Ninth Circuit · 1992
- Dustin Williamson v. Bryan StirlingCourt of Appeals for the Fourth Circuit · 2018
- Ohio Valley Environmental Coalition v. Aracoma Coal Co.Court of Appeals for the Fourth Circuit · 2009
- Dennis Fusaro v. Michael CoganCourt of Appeals for the Fourth Circuit · 2019
- Scholes v. LehmannCourt of Appeals for the Seventh Circuit · 1995
473 more not listed; retrieve them via the Exa API.