Nevada Supreme Court Overrules Caselaw on Post-Trial Contingency Fee Awards

Short summary

The Nevada Supreme Court overruled Capriati Construction Corp. v. Yahyavi, ending the practice of awarding a plaintiff's entire contingency fee when an offer of judgment is beaten. Under Clark v. Marin, post-offer attorney fee awards must now be proportionate to work performed after the offer, not the full contingency fee. This ruling significantly benefits defendants by preventing excessive fee awards that could pressure parties to abandon legitimate claims.

• •Nevada Supreme Court overruled Capriati on full contingency fee awards after beaten offers of judgment
• •New rule requires post-offer fee awards to be proportionate to work performed after the offer
• •Significant ruling for defendants; prevents excessive fee awards under NRCP 68

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