Vegas Law



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Nevada Injury Law

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Las Vegas Inury Lawyer
Las Vegas Injury Lawyer





Vegas Law

has paid more than his equitable share of the common liability, and his total recovery is limited to the amount paid by him in excess of his equitable share. No tortfeasor is compelled to make contribution beyond his own equitable share of the entire liability. 3. A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable. (Added to NRS by 1973, 1303; A 1979, 1355) NRS 17.235 Effect of judgment against one tortfeasor. The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution. (Added to NRS by 1973, 1303) NRS 17.245 Effect of release or covenant not to sue. 1. When a release or a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death: (a) It does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide, but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and (b) It discharges the tortfeasor to whom it is given from all liability for contribution and for equitable indemnity to any other tortfeasor. 2. As used in this section, “equitable indemnity” means a right of indemnity that is created by the court rather than expressly provided for in a written agreement. (Added to NRS by 1973, 1303; A 1997, 438) NRS 17.255 Intentional tort bars right to contribution. There is no right of contribution in favor of any tortfeasor who has intentionally caused or contributed to the injury or wrongful death. (Added to NRS by 1973, 1303) NRS 17.265 Certain rights of indemnity unimpaired. Except as otherwise provided in NRS 17.245, the provisions of NRS 17.225 to 17.305, inclusive, do not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation. (Added to NRS by 1973, 1303; A 1979, 1356; 1997, 438) NRS 17.275 Subrogation of insurer. A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor’s right of contribution to the extent of the amount it has paid in excess of the tortfeasor’s equitable share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship. (Added to NRS by 1973, 1304; A 1979, 1356) NRS 17.285 Enforcement of right of contribution. 1. Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action. 2. Where a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action. 3. If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by him to enforce contribution must be commenced within 1 year after the judgment has become final by lapse of time for appeal or after appellate review. 4. If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, his right of contribution is barred unless he has: (a) Discharged by payment the common liability within the statute of limitations period applicable to claimant’s right of action against him and has commenced his action for contribution within 1 year after payment; or (b) Agreed while action is pending against him to discharge the common liability and has within 1 year after the agreement paid the liability and commenced his action for contribution. 5. The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution. (Added to NRS by 1973, 1304) NRS 17.295 Equitable shares. In determining the equitable shares of tortfeasors in the entire liability: 1. If equity requires, the collective liability of some as a group constitutes a single share; and 2. Principles of equity applicable to contribution generally apply. (Added to NRS by 1973, 1304; A 1979, 1356) NRS 17.305 Inapplicability to breach of fiduciary relationship. NRS 17.225 to 17.305, inclusive, do not apply to breaches of trust or of other fiduciary obligation. (Added to NRS by 1973, 1304; A 1979, 1356) ENFORCEMENT OF FOREIGN JUDGMENTS (UNIFORM ACT) NRS 17.330 Short title. NRS 17.330 to 17.400, inclusive, may be cited as the Uniform Enforcement of Foreign Judgments Act. (Added to NRS by 1979, 1496) NRS 17.340 “Foreign judgment” defined. As used in NRS 17.330 to 17.400, inclusive, unless the context otherwise requires, “foreign judgment” means any judgment of a court of the United States or of any other court which is entitled to full faith and credit in this state, except: 1. A judgment to which chapter 130 of NRS applies; and 2. An order for protection issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders. (Added to NRS by 1979, 1496; A 1997, 2268; 2001, 2132) NRS 17.350 Filing and status of foreign judgments. An exemplified copy of any foreign judgment may be filed with the clerk of any district court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the district court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of a district court of this state and may be enforced or satisfied in like manner. (Added to NRS by 1979, 1496) NRS 17.360 Affidavit; notice of filing judgment and affidavit. 1. At the time of the filing of the foreign judgment, the judgment creditor or his attorney shall file with the clerk of the court an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor. The affidavit must also include a statement that the foreign judgment is valid and enforceable, and the extent to which it has been satisfied. 2. Promptly upon filing the foreign judgment and affidavit, the judgment creditor or someone on his behalf shall mail notice of the filing of the judgment and affidavit, attaching a copy of each to the notice, to the judgment debtor and to his attorney of record, if any, each at his last known address by certified mail, return receipt requested. The notice shall include the name and post office address of the judgment creditor and the judgment creditor’s attorney, if any, in this state. The judgment creditor shall file with the clerk of the court an affidavit setting forth the date upon which the notice was mailed. 3. No execution or other process for enforcement of a foreign judgment ma

Vegas Law




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