Nevada Frivolous Litigation Penalties, Question 5 (2004)
From Ballotpedia
Nevada Question 5, also known as Stop Frivolous Lawsuits and Protect Your Legal Rights Act, was on the November 2, 2004 election ballot in Nevada as a initiated constitutional amendment, where it was defeated.[1]
- Yes: 294,415 (37.2%)
- No: 497,406 (62.8%)
Text of the proposal
The language that appeared on the ballot:
Shall the Nevada Constitution be amended to penalize lawyers willfully involved in vexatious and frivolous litigation, and to prohibit changes to limits on recovery of monetary damages?
Impact
The proposed amendment, if passed, would create a new section to Section 14 of Article 6 of the Nevada Constitution. The amendment provides that a lawyer willfully involved in vexatious and frivolous litigation is personally liable for attorney's fees, court costs, and expenses in addition to any other sanction that may be imposed. "Vexatious and frivolous" means filing or defending a lawsuit solely to harass the opposing party or to seek economic gain unrelated to the merits of the lawsuit. The amendment states that no law shall be enacted which limits a person's right to recovery for all harm and losses caused as a result of the negligent or wrongful conduct of another person, except the Legislature may change existing laws, or enact new laws prior to December 1, 2006 if they: (1) increase the amount of monetary damages a person may recover caused by the negligent or wrongful conduct of another, or (2) repeal laws which limit damages. Any other changes to such laws are deemed void.
Question 4's campaign manager was Gail Tuzzolo.[2]
See also
References
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