Nevada Frivolous Litigation Penalties, Question 5 (2004)
The Nevada Frivolous Litigation Penalties Question, also known as Question 5 or the Stop Frivolous Lawsuits and Protect Your Legal Rights Act, was an initiated constitutional amendment on the November 2, 2004 election ballot in Nevada, where it was defeated.
|Question 5 (Frivolous Litigation Penalties)|
Official results via: Nevada Legislative Counsel Bureau - Research Division
Text of measure
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?
The language that appeared in the voter's guide:
- 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.
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