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Nevada Passes Some Med-Mal Reforms, But Not Others
Nevada's voters passed ballot Question 3, a measure that eliminated the former exception for medical malpractice cases to the $350,000 state cap on noneconomic damages. The new measure also eliminates joint-and-several liability in malpractice cases, so that defendants now may be held financially responsible only for that percentage of harm attributable to them. In addition, it caps attorney fees and allows juries to be told what plaintiffs' incomes are.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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