Thorogood v. Sears, Roebuck & Co.

Dist. Ct. did not err in dismissing as moot plaintiff's action under Tennessee Consumer Protection Act alleging that defendant had misrepresented its stainless steel clothes dryers where defendant made a $20,000 inclusive of attorney fees offer of judgment under Rule 68, and where maximum judgment that plaintiff could have received under TCPA was $3,000. While plaintiff argued that said offer was insufficient where he had incurred $246,000 in attorney fees generated in part on failed attempt to obtain class action certification, Dist. Ct. could properly have concluded that case was now moot because defendant's offer was far in excess of plaintiff's maximum entitlement where: (1) Ct. of Appeal had previously rejected plaintif's attempt to certify class: (2) Dist. Ct. was within its discretion in finding that plaintiff was not entitled to any attorney fees due to weakness of his case; and (3) $20,000 offer was intended to get rid of instant nuisance claim.