reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 41A - Actions for Professional Negligence › NRS 41A.045 - Several liability of defendants for damages; abrogation of joint and several liability.

1. In an action for injury or death against a provider of health care based upon professional negligence, each defendant is liable to the plaintiff for economic damages and noneconomic damages severally only, and not jointly, for that portion of the judgment which represents the percentage of negligence attributable to the defendant.
2. This section is intended to abrogate joint and several liability of a provider of health care in an action for injury or death against the provider of health care based upon professional negligence.
(Added to NRS by 2004 initiative petition, Ballot Question No. 3)
2023 Nevada Revised Statutes › Chapter 41A - Actions for Professional Negligence › NRS 41A.061 - Dismissal of action for failure to bring to trial; effect of dismissal; adoption of court rules to expedite resolution of actions.

1. Upon the motion of any party or upon its own motion, unless good cause is shown for the delay, the court shall, after due notice to the parties, dismiss an action involving professional negligence if the action is not brought to trial within 3 years after the date on which the action is filed.
2. Dismissal of an action pursuant to subsection 1 is a bar to the filing of another action upon the same claim for relief against the same defendants.
3. Each district court shall adopt court rules to expedite the resolution of an action involving professional negligence.
(Added to NRS by 2002 Special Session, 7; A 2015, 2526)
2023 Nevada Revised Statutes › Chapter 41A - Actions for Professional Negligence › NRS 41A.071 - Dismissal of action filed without affidavit of medical expert.

If an action for professional negligence is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without an affidavit that:
1. Supports the allegations contained in the action;
2. Is submitted by a medical expert who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged professional negligence;
3. Identifies by name, or describes by conduct, each provider of health care who is alleged to be negligent; and
4. Sets forth factually a specific act or acts of alleged negligence separately as to each defendant in simple, concise and direct terms.
(Added to NRS by 2002 Special Session, 8; A 2015, 2527)
2023 Nevada Revised Statutes › Chapter 41A - Actions for Professional Negligence › NRS 41A.081 - Settlement conference: Persons required to participate; powers and duties of judge; failure to participate.

1. In an action for professional negligence, all the parties to the action, the insurers of the respective parties and the attorneys of the respective parties shall attend and participate in a settlement conference before a district judge, other than the judge assigned to the action, to ascertain whether the action may be settled by the parties before trial.
2. The judge before whom the settlement conference is held:
(a) May, for good cause shown, waive the attendance of any party.
(b) Shall decide what information the parties may submit at the settlement conference.
3. The judge shall notify the parties of the time and place of the settlement conference.
4. The failure of any party, the party’s insurer or the party’s attorney to participate in good faith in the settlement conference is grounds for sanctions, including, without limitation, monetary sanctions, against the party or the party’s attorney, or both. The judges of the district courts shall liberally construe the provisions of this subsection in favor of imposing sanctions in all appropriate situations. It is the intent of the Legislature that the judges of the district courts impose sanctions pursuant to this subsection in all appropriate situations to punish for and deter conduct which is not undertaken in good faith because such conduct overburdens limited judicial resources, hinders the timely resolution of meritorious claims and increases the costs of engaging in business and providing professional services to the public.
(Added to NRS by 2002 Special Session, 8; A 2003, 3478; 2015, 2527)
2023 Nevada Revised Statutes › Chapter 41A - Actions for Professional Negligence › NRS 41A.085 - Recommendation of settlement for amount of limits of policy of insurance: When authorized; insurer to pay for opinion of independent counsel upon request.

1. In an action for damages for professional negligence in which the defendant is insured pursuant to a policy of insurance covering the liability of the defendant for a breach of the defendant’s professional duty toward a patient:
(a) At any settlement conference, the judge may recommend that the action be settled for the limits of the policy of insurance.
(b) If the judge makes the recommendation described in paragraph (a), the defendant is entitled to obtain from independent counsel an opinion letter explaining the rights of, obligations of and potential consequences to the defendant with regard to the recommendation. The insurer shall pay the independent counsel to provide the opinion letter described in this paragraph, except that the insurer is not required to pay more than $1,500 to the independent counsel to provide the opinion letter.
2. The section does not:
(a) Prohibit the plaintiff from making any offer of settlement.
(b) Require an insurer to provide or pay for independent counsel for a defendant except as expressly provided in this section.
(Added to NRS by 2003, 3372; A 2015, 2527)
2023 Nevada Revised Statutes › Chapter 41A - Actions for Professional Negligence › NRS 41A.100 - Required evidence; exceptions; rebuttable presumption of negligence.

1. Liability for personal injury or death is not imposed upon any provider of health care based on alleged negligence in the performance of that care unless evidence consisting of expert medical testimony, material from recognized medical texts or treatises or the regulations of the licensed medical facility wherein the alleged negligence occurred is presented to demonstrate the alleged deviation from the accepted standard of care in the specific circumstances of the case and to prove causation of the alleged personal injury or death, except that such evidence is not required and a rebuttable presumption that the personal injury or death was caused by negligence arises where evidence is presented that the provider of health care caused the personal injury or death occurred in any one or more of the following circumstances:
(a) A foreign substance other than medication or a prosthetic device was unintentionally left within the body of a patient following surgery;
(b) An explosion or fire originating in a substance used in treatment occurred in the course of treatment;
(c) An unintended burn caused by heat, radiation or chemicals was suffered in the course of medical care;
(d) An injury was suffered during the course of treatment to a part of the body not directly involved in the treatment or proximate thereto; or
(e) A surgical procedure was performed on the wrong patient or the wrong organ, limb or part of a patient’s body.
2. Expert medical testimony provided pursuant to subsection 1 may only be given by a provider of health care who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged negligence.
3. The rebuttable presumption pursuant to subsection 1 does not apply in an action in which a plaintiff submits an affidavit pursuant to NRS 41A.071, or otherwise designates an expert witness to establish that the specific provider of health care deviated from the accepted standard of care.
4. Nothing in this section shall be construed to preclude any party to the suit from designating and presenting expert testimony as to the legal or proximate cause of any alleged personal injury or death.
(Added to NRS by 1975, 406; A 1977, 955; 1985, 1754; 1997, 1219; 1999, 5; 2002 Special Session, 9; 2015, 2528)
2023 Nevada Revised Statutes › Chapter 41A - Actions for Professional Negligence › NRS 41A.110 - Consent of patient: When conclusively established.

Except as otherwise provided in subsection 3 of NRS 442.253, a physician licensed to practice medicine under the provisions of chapter 630 or 633 of NRS, or a dentist licensed to practice dentistry under the provisions of chapter 631 of NRS, has conclusively obtained the consent of a patient for a medical, surgical or dental procedure, as appropriate, if the physician or dentist has done the following:
1. Explained to the patient in general terms, without specific details, the procedure to be undertaken;
2. Explained to the patient alternative methods of treatment, if any, and their general nature;
3. Explained to the patient that there may be risks, together with the general nature and extent of the risks involved, without enumerating such risks; and
4. Obtained the signature of the patient to a statement containing an explanation of the procedure, alternative methods of treatment and risks involved, as provided in this section.
(Added to NRS by 1975, 408; A 1997, 1219; 1999, 5; 2007, 273; 2019, 1504)
2023 Nevada Revised Statutes › Chapter 41A - Actions for Professional Negligence › NRS 41A.120 - Consent of patient: When implied.

In addition to the provisions of chapter 129 of NRS and any other instances in which a consent is implied or excused by law, a consent to any medical, surgical or dental procedure will be implied if:
1. In competent medical judgment, the proposed medical, surgical or dental procedure is reasonably necessary and any delay in performing such a procedure could reasonably be expected to result in death, disfigurement, impairment of faculties or serious bodily harm; and
2. A person authorized to consent is not readily available.
(Added to NRS by 1975, 408; A 1997, 1220; 1999, 5)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.010 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 41B.020 to 41B.160, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 1348)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.030 - "Agent" defined.

"Agent" means a person who is authorized to represent or act for another person. The term includes, without limitation, an attorney-in-fact under a durable or nondurable power of attorney or a person who is authorized pursuant to the provisions of a governing instrument to make decisions concerning the provision of health care to another person.
(Added to NRS by 1999, 1348)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.040 - "Beneficiary" defined.

"Beneficiary" means a person who is entitled to accrue, acquire or receive any property, interest or benefit pursuant to the provisions of a governing instrument or the laws of intestate succession.
(Added to NRS by 1999, 1348)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.060 - "Community property with right of survivorship" defined.

"Community property with right of survivorship" means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.
(Added to NRS by 1999, 1349)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.070 - "Convicted" and "conviction" defined.

"Convicted" and "conviction" mean a judgment based upon:
1. A plea of guilty, guilty but mentally ill or nolo contendere;
2. A finding of guilty or guilty but mentally ill by a jury or a court sitting without a jury;
3. An adjudication of delinquency or finding of guilty or guilty but mentally ill by a court having jurisdiction over juveniles; or
4. Any other admission or finding of guilty or guilty but mentally ill in a criminal action or a proceeding in a court having jurisdiction over juveniles.
(Added to NRS by 1999, 1349; A 2003, 1479; 2007, 1436)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.080 - "Culpable actor in the felonious and intentional killing of a decedent" defined.

"Culpable actor in the felonious and intentional killing of a decedent" means a person who:
1. Causes or perpetrates the felonious and intentional killing of the decedent;
2. Aids, abets, commands, counsels, encourages, hires, induces, procures or solicits another person to cause or perpetrate the felonious and intentional killing of the decedent; or
3. Is a principal in any degree, accessory before the fact, accomplice or conspirator to the felonious and intentional killing of the decedent.
(Added to NRS by 1999, 1349)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.090 - "Governing instrument" defined.

"Governing instrument" means any of the following:
1. A deed or any other instrument that transfers any property, interest or benefit.
2. An annuity or a policy of insurance.
3. A trust, whether created by an instrument executed during the life of the settlor, a testamentary instrument or any other instrument, judgment or decree, including, without limitation, any of the following:
(a) An express trust, whether private or charitable, and any additions to such a trust.
(b) A trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust.
4. A will, a codicil or any other testamentary instrument, including, without limitation, a testamentary instrument that:
(a) Appoints a person to serve in a fiduciary or representative capacity, nominates a guardian or revokes or revises another will, codicil or testamentary instrument; or
(b) Excludes or limits the right of a person or class of persons to succeed to any property, interest or benefit pursuant to the laws of intestate succession.
5. Any account or deposit that is payable or transferable on the death of a person or any instrument that provides for the payment or transfer of any property, interest or benefit on the death of a person.
6. A security registered as transferable on the death of a person.
7. Any instrument creating or exercising a power of appointment or a durable or nondurable power of attorney.
8. Any instrument that appoints or nominates a person to serve in any fiduciary or representative capacity, including, without limitation, an agent, guardian, executor, personal representative or trustee.
9. Any public or private plan or system that entitles a person to the payment or transfer of any property, interest or benefit, including, without limitation, a plan or system that involves any of the following:
(a) Pension benefits, retirement benefits or other similar benefits.
(b) Profit-sharing or any other form of participation in profits, revenues, securities, capital or assets.
(c) Industrial insurance, workers’ compensation or other similar benefits.
(d) Group insurance.
10. A partnership agreement or an agreement concerning any joint adventure, enterprise or venture.
11. A premarital, antenuptial or postnuptial agreement, a marriage contract or settlement or any other similar agreement, contract or settlement.
12. Any instrument that declares a homestead pursuant to chapter 115 of NRS.
13. Any other dispositive, appointive, nominative or declarative instrument.
(Added to NRS by 1999, 1349; A 2011, 1417)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.100 - "Interest" defined.

"Interest" means:
1. Any interest, in whole or in part, in any property or estate, whether such interest is legal or equitable, present or future, or contingent or vested;
2. A right, power or privilege to appoint, consume, exercise, transfer or use any such interest; or
3. Any other right, power or privilege relating to any such interest.
(Added to NRS by 1999, 1350)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.110 - "Interested person" defined.

"Interested person" means:
1. A parent, spouse, child or sibling of a decedent;
2. A beneficiary or a person who would be a beneficiary if another person were found to be a killer of a decedent;
3. A person who serves in any fiduciary or representative capacity with respect to any property, interest or benefit that is in any way related to a decedent, the decedent’s estate or a governing instrument or a person who would be entitled to serve in such a capacity if another person were found to be a killer of a decedent; or
4. A person who has a right to or claim against any property, interest or benefit that is in any way related to a decedent, the decedent’s estate or a governing instrument or a person who would have such a right or claim if another person were found to be a killer of a decedent.
(Added to NRS by 1999, 1350)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.120 - "Joint tenants with right of survivorship" defined.

"Joint tenants with right of survivorship" means two or more persons who hold any property, interest or benefit under circumstances that entitle one or more of the persons to the whole of the property, interest or benefit on the death of one or more of the other persons.
(Added to NRS by 1999, 1350)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.130 - "Killer" defined.

"Killer" means a person who is deemed to be a killer of a decedent pursuant to NRS 41B.250 or 41B.260.
(Added to NRS by 1999, 1350)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.140 - "Payor" defined.

"Payor" means a person who is authorized or obligated by law or a governing instrument to pay or transfer any property, interest or benefit to another person.
(Added to NRS by 1999, 1350)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.150 - "Person" defined.

"Person" means any of the following:
1. A natural person.
2. Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization.
3. A government, a political subdivision of a government or an agency or instrumentality of a government or a political subdivision of a government.
(Added to NRS by 1999, 1350)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.200 - General rule; killer cannot profit or benefit from wrong; anti-lapse statute and right of representation; contingent, residuary and other beneficiaries; common law.

1. Notwithstanding any other provision of law, the provisions of this chapter apply to any appointment, nomination, power, right, property, interest or benefit that accrues or devolves to a killer of a decedent based upon the death of the decedent. If any such appointment, nomination, power, right, property, interest or benefit is not expressly covered by the provisions of this chapter, it must be treated in accordance with the principle that a killer cannot profit or benefit from his or her wrong.
2. The provisions of this chapter do not abrogate or limit the application of:
(a) The anti-lapse provisions of NRS 133.200 or the right of representation, as defined and applied in chapter 134 of NRS, with respect to a person who is not a killer of the decedent; or
(b) Any provision of a governing instrument that designates:
(1) A contingent or residuary beneficiary who is not a killer of the decedent; or
(2) Any other beneficiary who is not a killer of the decedent.
3. The provisions of this chapter do not abrogate or limit any principle or rule of the common law, unless the principle or rule is inconsistent with the provisions of this chapter.
(Added to NRS by 1999, 1351)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.210 - Acts constituting felonious and intentional killing; insanity or diminished capacity.

For the purposes of this chapter:
1. A killing is "felonious" if it is committed without legal excuse or justification.
2. A killing is "intentional" if it is caused by or occurs during the commission of any act which involves a degree of culpability that is greater than criminal negligence.
3. Insanity or diminished capacity shall be deemed not to be a legal excuse or justification and must not be considered in determining whether a killing is felonious or intentional.
(Added to NRS by 1999, 1351)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.250 - Criminal action: Conclusive effect of judgment of conviction; admissibility of judgment of conviction in civil action.

1. If a court in this state or any other jurisdiction enters a judgment of conviction against a person in which the person is found to have been a culpable actor in the felonious and intentional killing of a decedent:
(a) The conviction conclusively establishes for the purposes of this chapter that the person feloniously and intentionally killed the decedent; and
(b) The person shall be deemed to be a killer of the decedent.
2. Notwithstanding the provisions of NRS 48.125 or 51.295 or any other provision of law, a judgment of conviction described in subsection 1, including, without limitation, a judgment of conviction based upon a plea of nolo contendere, is admissible in any civil action brought pursuant to the provisions of this chapter.
3. For the purposes of this section:
(a) A court in "any other jurisdiction" includes, without limitation, a tribal court or a court of the United States or the Armed Forces of the United States.
(b) A court "enters" a judgment of conviction against a person on the date on which guilt is admitted, adjudicated or found, whether or not:
(1) The court has imposed a sentence, a penalty or other sanction for the conviction; or
(2) The person has exercised any right to appeal the conviction.
(c) A killing in this state that constitutes murder of the first or second degree, as defined in NRS 200.010, 200.020 and 200.030, or voluntary manslaughter, as defined in NRS 200.040, 200.050 and 200.060, shall be deemed to be a felonious and intentional killing.
(Added to NRS by 1999, 1351)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.260 - Civil action: Parties; burden of proof; evidence; stay of proceedings; limitation on time for commencement.

1. For the purposes of this chapter, an interested person may bring a civil action alleging that a person was a culpable actor in the felonious and intentional killing of a decedent. An interested person may bring such a civil action whether or not any person who is alleged to be a killer in the civil action or any other person is or has been, in a separate criminal action, charged with or convicted or acquitted of being:
(a) A culpable actor in the felonious and intentional killing of the decedent; or
(b) A culpable actor in any other offense arising out of the facts surrounding the killing of the decedent.
2. If an interested person brings a civil action pursuant to this section, the court shall determine, by a preponderance of the evidence, whether a person who is alleged to be a killer of the decedent was a culpable actor in the felonious and intentional killing of the decedent. If the court finds by a preponderance of the evidence that a person who is alleged to be a killer of the decedent was a culpable actor in the felonious and intentional killing of the decedent:
(a) The finding of the court conclusively establishes for the purposes of this chapter that the person feloniously and intentionally killed the decedent; and
(b) The person shall be deemed to be a killer of the decedent.
3. If, in a separate criminal action, a person is charged with being a culpable actor in the felonious and intentional killing of a decedent or with any other offense arising out of the facts surrounding the killing of the decedent and:
(a) The person is acquitted of the charge;
(b) The charge is dismissed; or
(c) A verdict or judgment is not reached or entered on the charge for any reason,
evidence concerning any such matter is not admissible in a civil action brought pursuant to this section.
4. Upon its own motion or the motion of an interested person, the court may, in whole or in part, stay the proceedings in a civil action brought pursuant to this section during the pendency of any separate criminal action that has been brought against a person who is alleged to be a killer in the civil action. The provisions of this subsection do not limit the power of the court to stay the proceedings in the civil action for any other reason.
5. A civil action described in this section may not be commenced by an interested person more than 5 years after the interested person discovers or through the use of reasonable diligence should have discovered the material facts that constitute the cause of action.
(Added to NRS by 1999, 1352)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.300 - Estate of decedent.

1. A killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit that, pursuant to the provisions of title 12 of NRS or the common law, accrues or devolves to the killer from or through the estate of the decedent, including, without limitation:
(a) An intestate share.
(b) An elective share.
(c) The share of an omitted spouse or child.
(d) A family allowance.
(e) A homestead allowance.
(f) Any exempt property.
2. The intestate estate of the decedent passes as if the killer had predeceased the decedent, and any other appointment, nomination, power, right, property, interest or benefit described in subsection 1 must be treated as if the killer had predeceased the decedent.
(Added to NRS by 1999, 1353)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.310 - Governing instruments.

1. Except as otherwise provided in NRS 41B.320, a killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit that, pursuant to the provisions of a governing instrument executed by the decedent or any other person, accrues or devolves to the killer based upon the death of the decedent.
2. In addition to any forfeiture required by subsection 1, if a governing instrument provides for the payment of certain benefits only upon the death of a decedent, a killer of the decedent forfeits any right or interest that the killer is entitled to assert against those benefits on the basis that community property was used, in whole or in part, to purchase the governing instrument or to pay one or more contributions or premiums that were related to the governing instrument.
3. If a killer of a decedent forfeits any appointment, nomination, power, right, property, interest or benefit pursuant to this section, the provisions of each governing instrument affected by the forfeiture must be treated as if the killer had predeceased the decedent.
(Added to NRS by 1999, 1353)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.320 - Community property with right of survivorship and joint tenants with right of survivorship.

1. A killer of a decedent forfeits any right of survivorship in property that, at the time of the killing, was held by the decedent and the killer as community property with right of survivorship or as joint tenants with right of survivorship.
2. If a killer forfeits any right of survivorship pursuant to subsection 1:
(a) The respective interests in the property held by the decedent and the killer:
(1) Shall be deemed to be severed and transformed into tenancies in common; and
(2) Are presumed to be undivided equal interests in the property, unless a personal representative of the decedent establishes that the contributions made by the decedent concerning the property exceeded the contributions made by the killer; and
(b) The interest of the decedent passes as the separate property of the decedent and as if the killer had predeceased the decedent.
(Added to NRS by 1999, 1353)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.330 - Action for wrongful death.

1. A killer of a decedent may not:
(a) Bring an action for wrongful death of the decedent pursuant to NRS 41.085; or
(b) Benefit in any way from such an action brought by a personal representative of the decedent.
2. Each person who may bring or benefit from an action for wrongful death of the decedent pursuant to NRS 41.085 must be determined as if the killer had predeceased the decedent.
(Added to NRS by 1999, 1354)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.400 - Payor or other third person who pays or transfers forfeited property, interest or benefit.

Except as otherwise provided by specific statute, if a payor or other third person, in good faith, pays or transfers any property, interest or benefit to a beneficiary in accordance with the provisions of a governing instrument, the payor or other third person is not liable to another person who alleges that the payment or transfer to the beneficiary violated the provisions of this chapter unless, before the payment or transfer, the payor or other third person had actual knowledge that the beneficiary was prohibited from acquiring or receiving the property, interest or benefit pursuant to the provisions of this chapter.
(Added to NRS by 1999, 1354)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.410 - Person who acquires or receives forfeited property, interest or benefit without legal right or authorization.

1. Except as otherwise provided in subsection 2, if a person, without legal right or authorization, acquires or receives any property, interest or benefit forfeited by a killer pursuant to the provisions of this chapter, the person is required to transfer the property, interest or benefit to the beneficiary who is entitled to it pursuant to the provisions of this chapter, or the person is liable to such beneficiary for the value of the property, interest or benefit.
2. The provisions of subsection 1 do not apply to a person who:
(a) Acquired the property, interest or benefit for value and without notice; or
(b) Received the property, interest or benefit in full or partial satisfaction of a legally enforceable obligation and without notice.
(Added to NRS by 1999, 1354)
2023 Nevada Revised Statutes › Chapter 41B - Action Against Killer of Decedent for Forfeiture of Certain Property, Benefits and Rights › NRS 41B.420 - Killer who transfers forfeited property, interest or benefit to third person; effect of preemption by federal law.

1. If a killer, for value or otherwise, transfers to a third person any property, interest or benefit forfeited by the killer pursuant to the provisions of this chapter, the killer is required to recover and transfer the property, interest or benefit to the beneficiary who is entitled to it pursuant to the provisions of this chapter, or the killer is liable to such beneficiary for the value of the property, interest or benefit.
2. If any federal law preempts any provision of this chapter requiring a killer to forfeit any property, interest or benefit and the property, interest or benefit accrues or devolves to the killer because of the preemption, the killer is required to transfer the property, interest or benefit to the beneficiary who, in the absence of the preemption, would have been entitled to it pursuant to the provisions of this chapter, or the killer is liable to such beneficiary for the value of the property, interest or benefit.
(Added to NRS by 1999, 1354)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.001 - Definitions; exceptions.

As used in this chapter, unless the context otherwise requires and except as otherwise provided in subsection 5 of NRS 42.005:
1. "Conscious disregard" means the knowledge of the probable harmful consequences of a wrongful act and a willful and deliberate failure to act to avoid those consequences.
2. "Fraud" means an intentional misrepresentation, deception or concealment of a material fact known to the person with the intent to deprive another person of his or her rights or property or to otherwise injure another person.
3. "Malice, express or implied" means conduct which is intended to injure a person or despicable conduct which is engaged in with a conscious disregard of the rights or safety of others.
4. "Oppression" means despicable conduct that subjects a person to cruel and unjust hardship with conscious disregard of the rights of the person.
(Added to NRS by 1995, 2668)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.005 - Exemplary and punitive damages: In general; limitations on amount of award; determination in subsequent proceeding.

1. Except as otherwise provided in NRS 42.007, in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant. Except as otherwise provided in this section or by specific statute, an award of exemplary or punitive damages made pursuant to this section may not exceed:
(a) Three times the amount of compensatory damages awarded to the plaintiff if the amount of compensatory damages is $100,000 or more; or
(b) Three hundred thousand dollars if the amount of compensatory damages awarded to the plaintiff is less than $100,000.
2. The limitations on the amount of an award of exemplary or punitive damages prescribed in subsection 1 do not apply to an action brought against:
(a) A manufacturer, distributor or seller of a defective product;
(b) An insurer who acts in bad faith regarding its obligations to provide insurance coverage;
(c) A person for violating a state or federal law prohibiting discriminatory housing practices, if the law provides for a remedy of exemplary or punitive damages in excess of the limitations prescribed in subsection 1;
(d) A person for damages or an injury caused by the emission, disposal or spilling of a toxic, radioactive or hazardous material or waste; or
(e) A person for defamation.
3. If punitive damages are claimed pursuant to this section, the trier of fact shall make a finding of whether such damages will be assessed. If such damages are to be assessed, a subsequent proceeding must be conducted before the same trier of fact to determine the amount of such damages to be assessed. The trier of fact shall make a finding of the amount to be assessed according to the provisions of this section. The findings required by this section, if made by a jury, must be made by special verdict along with any other required findings. The jury must not be instructed, or otherwise advised, of the limitations on the amount of an award of punitive damages prescribed in subsection 1.
4. Evidence of the financial condition of the defendant is not admissible for the purpose of determining the amount of punitive damages to be assessed until the commencement of the subsequent proceeding to determine the amount of exemplary or punitive damages to be assessed.
5. For the purposes of an action brought against an insurer who acts in bad faith regarding its obligations to provide insurance coverage, the definitions set forth in NRS 42.001 are not applicable and the corresponding provisions of the common law apply.
(Added to NRS by 1989, 486; A 1995, 2669)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.007 - Exemplary and punitive damages: Limitations on liability by employer for wrongful act of employee; exception.

1. Except as otherwise provided in subsection 2, in an action for the breach of an obligation in which exemplary or punitive damages are sought pursuant to subsection 1 of NRS 42.005 from an employer for the wrongful act of his or her employee, the employer is not liable for the exemplary or punitive damages unless:
(a) The employer had advance knowledge that the employee was unfit for the purposes of the employment and employed the employee with a conscious disregard of the rights or safety of others;
(b) The employer expressly authorized or ratified the wrongful act of the employee for which the damages are awarded; or
(c) The employer is personally guilty of oppression, fraud or malice, express or implied.
If the employer is a corporation, the employer is not liable for exemplary or punitive damages unless the elements of paragraph (a), (b) or (c) are met by an officer, director or managing agent of the corporation who was expressly authorized to direct or ratify the employee’s conduct on behalf of the corporation.
2. The limitations on liability set forth in subsection 1 do not apply to an action brought against an insurer who acts in bad faith regarding its obligations to provide insurance coverage.
(Added to NRS by 1995, 2668)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.010 - Exemplary and punitive damages: Injury caused by operation of vehicle after consumption or use of alcohol or another substance.

1. In an action for the breach of an obligation, where the defendant caused an injury by the operation of a motor vehicle in violation of NRS 484C.110, 484C.130 or 484C.430 after willfully consuming or using alcohol or another substance, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant.
2. The provisions of NRS 42.005 do not apply to any cause of action brought pursuant to this section.
(Added to NRS by 1965, 1143; A 1967, 738; 1981, 1928; 1989, 487; 2005, 161; 2023, 677)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.205 - Definitions.

As used in NRS 42.200 to 42.400, inclusive, unless the context otherwise requires, the words and terms defined in NRS 42.210 to 42.335, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2021, 1720)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.215 - "Assignee" defined.

"Assignee" means a person acquiring or proposing to acquire structured settlement payments from a structured settlement purchase company or transferee after, or concurrently with, the transfer of the structured settlement payment rights by the payee to the structured settlement purchase company or transferee.
(Added to NRS by 2021, 1720)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.225 - "Discounted present value" defined.

"Discounted present value" means the present value of future payments determined by discounting such payments to the present using the most recently published Applicable Federal Rate for determining the present value of an annuity, as issued by the Internal Revenue Service.
(Added to NRS by 2021,1720)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.230 - "Gross advance amount" defined.

"Gross advance amount" means the sum payable to the payee or for the payee’s account as consideration for a transfer of structured settlement payment rights, before any reductions for transfer expenses or other deductions to be made from such consideration.
(Added to NRS by 2021, 1720)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.240 - "Interested party" defined.

"Interested party" means, with respect to any structured settlement, the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee’s death, the annuity issuer, the structured settlement obligor and any other party to the structured settlement that has continuing rights or obligations to receive or make payments under the structured settlement.
(Added to NRS by 2021, 1720)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.290 - "Structured settlement payment rights" defined.

"Structured settlement payment rights" means rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, where the payee is domiciled in this State or the structured settlement agreement was approved by a court in this State.
(Added to NRS by 2021, 1721)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.310 - "Transfer" defined.

"Transfer" means any sale, assignment, pledge, hypothecation or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration. The term does not include the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, in the absence of any action to redirect the structured settlement payments to the insured depository institution, or an agent or successor in interest thereof, or otherwise to enforce a blanket security interest against the structured settlement payment rights.
(Added to NRS by 2021, 1721)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.320 - "Transfer expense" defined.

"Transfer expense" means all expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including, without limitation, court filing fees, attorney’s fees, escrow fees, lien recordation fees, judgment and lien search fees, finders’ fees, commissions and other payments to a broker or other intermediary. The term does not include preexisting obligations of the payee payable for the payee’s account from the proceeds of the transfer.
(Added to NRS by 2021, 1721)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.345 - Statement concerning obligation for child support required for issuance or renewal of registration as structured settlement purchase company. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. In addition to any other requirements set forth in NRS 42.200 to 42.400, inclusive, a natural person who applies for the issuance or renewal of a registration as a structured settlement purchase company shall:
(a) Include the social security number of the applicant in the application submitted to the Unit.
(b) Submit to the Unit the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Unit shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the registration; or
(b) A separate form prescribed by the Unit.
3. A registration may not be issued or renewed by the Unit if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Unit shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 2021, 1723)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.350 - Suspension of registration as structured settlement purchase company; reinstatement of registration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. If the Unit receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is registered as a structured settlement purchase company, the Unit shall deem the registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Unit receives a letter issued to the holder of the registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Unit shall reinstate a registration that has been suspended by a district court pursuant to NRS 425.540 if the Unit receives a letter issued to the holder of the registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 2021, 1723)
2023 Nevada Revised Statutes › Chapter 42 - Damages › NRS 42.355 - Notice of judgment against structured settlement purchase company; contents of notice.

Not later than 10 days after a judgment is obtained against a structured settlement purchase company by a payee, the structured settlement purchase company shall file a notice with the Unit and, if applicable, the surety which issued the surety bond used by the structured settlement purchase company to satisfy the requirements of NRS 42.340. The notice must contain:
1. A copy of the judgment;
2. The name and address of the judgment creditor; and
3. The status of the matter, including, without limitation, whether the judgment will be appealed or has been paid or satisfied.
(Added to NRS by 2021, 1724)