NEVADA REFORMS
Appeal
Bond Reform: AB 576 (2001). Limits the amount a defendant can be
required to pay to secure the right to appeal to $50 million.
Joint and Several
Liability Reform: SB 511 (1987): Nev. Rev. Stat. Ann § 41.141. Bars application of the rule of joint and
several liability in the recovery of all damages,
except in product liability cases, cases involving toxic waste, cases involving
intentional torts, and cases where defendants acted in concert.
Medical Liability Reform: Collateral Source Rule
Reform: Nev. Rev. Stat. Ann. § 42.020.
Provides
for awards in medical liability cases to be offset by the amount received by a
collateral source, including any prior payment by the defendant health care
provider.
Medical Liability Reform: Emergency Room Liability:
AB 1 (2002). Limits damages in medical
liability cases against emergency room physicians to $50,000.
Medical Liability
Reform: Joint and Several Liability Reform: AB 1 (2002). Bars application of
the rule of joint and several liability in the
recovery of noneconomic damages for medical liability claims.
Medical Liability Reform: Noneconomic Damages Reform: AB 1
(2002). Limits noneconomic damages in
medical liability cases to $350,000, except upon a showing of “gross
malpractice” or a judicial determination that there is “clear and convincing evidence”
that the noneconomic award should exceed the cap.
Medical Liability Reform: Periodic Payment of
Future Damages: Nev. Rev. Stat. Ann. § 42.020. Allows a court to order the periodic payment of
future economic damages at the claimant’s election.
Punitive
Damages Reform: AB 307 (1989). Limits
punitive damages awards to $300,000, where the award for compensatory damages
is less than $100,000, and to three times the award for compensatory damages,
where the award for compensatory damages is $100,000 or more. The reform does not apply to cases against a
manufacturer, distributor, or seller of a defective product; an insurer who
acts in bad faith; a person violating housing discrimination laws; a person
involved in a case for damages caused by toxic, radioactive, or hazardous
waste; or a person for defamation. Requires a plaintiff to show by “clear and convincing evidence”
that a defendant acted with “oppression, fraud, or malice.” Requires the determination
of awards for punitive damages to be made in a separate proceeding. Permits the admissibility
of evidence of a defendant’s finances only during the proceeding for the
determination of punitive damages.