Fox v. McCaw Cellular Communications

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the trial court may consider the totality of the whole case record when determining whether good faith was present
• $100 offer supported attorneys' fee award because of reasonable basis to conclude offeror's exposure was nominal
• fact that offer was a nominal amount not in and of itself valid basis for concluding offer not made in good faith
• “Whether an offer was made in bad faith involves a matter of discretion reposed in the trial judge to be determined from the facts and circumstances surrounding the offer.”
• nominal offers are suspect where they are not based on any assessment of liability and damages, then issue of good faith arises for resolution by the trial court
• “Whether an offer was made in bad faith involves a matter of discretion reposed in the trial judge to be determined from the facts and 7 circumstances surrounding the offer.”

Source: CourtListener parenthetical corpus (CC0).