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Personal Injury & Tort

Nevada Supreme Court
Uncategorized

Clark v. Marin — Nevada Supreme Court Overrules Capriati; NRCP 68 Fees Limited to Post-Offer Work Only

The Nevada Supreme Court, en banc, overruled Capriati Construction Corp. v. Yahyavi and held that NRCP 68 attorney fee awards in contingency cases must reflect only the value of work performed after the offer of judgment was served — not the entire contingency fee — because fees are incurred as work is performed, not at the time of judgment. The court reversed an $818,047 award covering a 40 percent contingency fee in a case where the offer was served just 24 days before trial, four years into litigation.

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