§ 357.210 — Distribution to private plaintiff in certain actions; court authorized to reduce recovery in certain circumstances

Nevada § 357.210

• Jurisdiction: Nevada
• Title 31: PUBLIC FINANCIAL ADMINISTRATION
• Ch. 357: Submission

Text

1. Except as otherwise provided in subsection 3, if the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 intervenes at the outset in an action pursuant to NRS 357.080 , the private plaintiff is entitled to receive not less than 15 percent or more than 25 percent of any recovery, according to the extent of his or her contribution to the conduct of the action.
2. Except as otherwise provided in subsection 3, if the Attorney General or the Attorney General’s designee does not intervene in the action at the outset, the private plaintiff is entitled to receive not less than 25 percent or more than 30 percent of any recovery, as the court determines to be reasonable.
3. Regardless of whether the Attorney General or the Attorney General’s designee intervenes in the action, if the court finds that the action was brought by a private plaintiff who planned or initiated the violation of NRS 357.040 upon which the action is based, the court may reduce the recovery to which the private plaintiff is otherwise entitled pursuant to subsection 1 or 2. The court shall consider the role of the private plaintiff in advancing the action and any other relevant circumstances. If the private plaintiff is convicted of criminal conduct arising from his or her role in the violation of NRS 357.040 , the private plaintiff must be dismissed from the civil action and must not receive any share of the recovery pursuant to subsection 1 or 2. Any such dismissal does not prejudice the right of the Attorney General or the Attorney General’s designee to continue the action.

Legislative History

(Added to NRS by 1999, 827 ; A 2011, 378 ; 2013, 1048 ; 2015, 914 )