Nevada Court Holds Noneconomic Damages Cap Valid

Nevada’s $350,000 cap on noneconomic damages in professional negligence actions doesn’t violate a plaintiff’s constitutional right to trial by jury, the state’s highest court held Oct. 1 (Tam v. Eighth Judicial Dist. Court of Nev., 2015 BL 321385, Nev., 66346, 10/1/15).

The Nevada Supreme Court, on a question presented in a pretrial petition, directed a lower court to vacate an order that ruled unconstitutional Nev. Rev. Stat. § 41A.035’s noneconomic damages cap and to conduct further proceedings consistent with its decision.

Robert S. Peck, president of the Center for Constitutional Litigation PC, Washington, told Bloomberg BNA Oct. ...