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.