Who is the “Prevailing Party” When There is a Partial Settlement of Competing Claims?

October, 2018, The Writ, “Appellate Briefs”

Nevada law allows the “prevailing party” to recover costs and, in some cases, fees.  But it is not always clear who qualifies as the prevailing party.  The Supreme Court recently addressed this question in the context of a partial settlement of competing claims, concluding that NRS 18.01(2)(a) and NRS 18.02(3) do not authorize a district court to compare a monetary settlement of the party’s claim against a judgment for damages on another party’s counterclaim in determining the “prevailing party.”  See Northern Nevada Homes, LLC v. GL Constr., Inc., 134 Nev. Adv. Op. 60 (August 2, 2018).  To read entire article click here.

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