f the recipient through a method that was not authorized by the recipient, the recipient may recover actual damages or damages of $500 per item of electronic mail received, whichever is greater, and attorney’s fees and costs. 4. In addition to any other recovery that is allowed pursuant to subsection 2 or 3, the recipient may apply to the district court of the county in which the recipient resides for an order enjoining the person from transmitting to the recipient any other item of electronic mail that includes an advertisement. (Added to NRS by 1997, 1256; A 2003, 340) NRS 41.735 Immunity for persons who provide users with access to network; applicability to items of electronic mail obtained voluntarily. 1. If a person provides users with access to a network and, as part of that service, transmits items of electronic mail on behalf of those users, the person is immune from liability for civil damages pursuant to NRS 41.705 to 41.735, inclusive, unless the person transmits an item of electronic mail that includes an advertisement he prepared or caused to be prepared. 2. The provisions of NRS 41.705 to 41.735, inclusive, do not apply to an item of electronic mail that is obtained by a recipient voluntarily. This subsection includes, but is not limited to, an item of electronic mail that is obtained by a recipient voluntarily from an electronic bulletin board. (Added to NRS by 1997, 1256) LIABILITY OF EMPLOYERS FOR CERTAIN ACTS NRS 41.745 Liability of employer for intentional conduct of employee; limitations. 1. An employer is not liable for harm or injury caused by the intentional conduct of an employee if the conduct of the employee: (a) Was a truly independent venture of the employee; (b) Was not committed in the course of the very task assigned to the employee; and (c) Was not reasonably foreseeable under the facts and circumstances of the case considering the nature and scope of his employment. For the purposes of this subsection, conduct of an employee is reasonably foreseeable if a person of ordinary intelligence and prudence could have reasonably anticipated the conduct and the probability of injury. 2. Nothing in this section imposes strict liability on an employer for any unforeseeable intentional act of his employee. 3. For the purposes of this section: (a) “Employee” means any person who is employed by an employer, including, without limitation, any present or former officer or employee, immune contractor, an employee of a university school for profoundly gifted pupils described in Chapter 392A of NRS or a member of a board or commission or Legislator in this State. (b) “Employer” means any public or private employer in this State, including, without limitation, the State of Nevada, a university school for profoundly gifted pupils described in Chapter 392A of NRS, any agency of this State and any political subdivision of the State. (c) “Immune contractor” has the meaning ascribed to it in subsection 3 of NRS 41.0307. (d) “Officer” has the meaning ascribed to it in subsection 4 of NRS 41.0307. (Added to NRS by 1997, 1357; A 2005, 2430) NRS 41.750 Limitations on liability of employer for damages arising from or relating to child care provided to children of employee. If an employer: 1. Pays money directly to an employee for use by the employee to pay all or a portion of the cost of child care and the employee selects the child care facility independent of and without any input from the employer; 2. Provides to an employee one or more vouchers for use by the employee to pay all or a portion of the cost of child care at a child care facility licensed and in good standing pursuant to chapter 432A of NRS; 3. Directs or refers an employee to a child care facility licensed and in good standing pursuant to chapter 432A of NRS; or 4. Negotiates a discount or other benefit for an employee at a child care facility licensed and in good standing pursuant to chapter 432A of NRS, the employer is immune from civil liability for damages arising from or relating to the child care provided to the children of the employee if the damages are caused by an act or omission that constitutes simple negligence. (Added to NRS by 1997, 3321) NRS 41.755 Limitations on liability of employer who discloses information regarding employee to prospective employer of employee; exceptions. 1. Except as otherwise provided in subsection 3, an employer who, at the request of an employee, discloses information regarding: (a) The ability of the employee to perform his job; (b) The diligence, skill or reliability with which the employee carried out the duties of his job; or (c) An illegal or wrongful act committed by the employee, to a prospective employer of that employee is immune from civil liability for such disclosure and its consequences. 2. Except as otherwise provided in subsection 3, an employer who discloses information regarding an employee to a law enforcement agency pursuant to NRS 239B.020 is immune from civil liability for such disclosure and its consequences. 3. An employer is not immune from civil liability for a disclosure made pursuant to subsection 1 or NRS 239B.020 or for the consequences of a disclosure made pursuant to subsection 1 or NRS 239B.020 if the employer: (a) Acted with malice or ill will; (b) Disclosed information that he believed was inaccurate; (c) Disclosed information which he had no reasonable grounds for believing was accurate; (d) Recklessly or intentionally disclosed inaccurate information; (e) Deliberately disclosed misleading information; or (f) Disclosed information in violation of a state or federal law or in violation of an agreement with the employee. 4. As used in this section: (a) “Employee” means a person who currently renders or previously rendered time and services to an employer. (b) “Employer” includes an employee or agent of an employer who is authorized by the employer to disclose information regarding an employee. (Added to NRS by 1997, 1235; A 1999, 1909) CHAPTER 41A - ACTIONS FOR MEDICAL OR DENTAL MALPRACTICE NRS 41A.003 Definitions. NRS 41A.004 “Dental malpractice” defined. NRS 41A.007 “Economic damages” defined. NRS 41A.009 “Medical malpractice” defined. NRS 41A.011 “Noneconomic damages” defined. NRS 41A.013 “Physician” defined. NRS 41A.015 “Professional negligence” defined. [This section was proposed by an initiative petition and approved by the voters at the 2004 General Election and therefore is not subject to legislative amendment or repeal until after November 23, 2007.] NRS 41A.017 “Provider of health care” defined. [This section was proposed by an initiative petition and approved by the voters at the 2004 General Election and therefore is not subject to legislative amendment or repeal until after November 23, 2007.] NRS 41A.035 Limitation on amount of award for noneconomic damages. [This section was proposed by an initiative petition and approved by the voters at the 2004 General Election and therefore is not subject to legislative amendment or repeal until after November 23, 2007.] NRS 41A.045 Several liability of defendants for damages; abrogation of joint and several liability. [This section was proposed by an initiative petition and approved by the voters at the 2004 General Election and therefore is not subject to legislative amendment or repeal until after November 23, 2007.] NRS 41A.061 Dismissal of action for failure to bring to trial; effect of

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