Authors

Lena Rieke

Document Type

Case Summary

Publication Date

9-24-2015

Case Synopsis

NRS 7.085 allows a district court to make an attorney personally liable for the attorney fees and costs an opponent incurs when the attorney files, maintains or defends a civil action that is not well-grounded in fact or is not warranted by existing law or by a good faith argument for changing the existing law. The Court considered (1) whether NRCP 11 supersedes NRS 7.085 in sanctioning a law firm and (2) whether the district court abused its discretion in sanctioning the law firm under under NRS 7.085. The Court held NRCP 11 does not supersede NRS § 7.085 because each represents an independent method for sanctioning attorneys. The Court also found the district court abused its discretion in sanctioning the petitioner under NRS § 7.085 without making adequate findings.

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