598A.160 - Civil action by Attorney General for damages and other relief; proof of damages; procedure for distributing recovery. - Nevada Statutes

598A.160  Civil action by Attorney General for damages and other relief; proof of damages; procedure for distributing recovery.

      1.  The Attorney General may bring a civil action for any violation of the provisions of this chapter in the name of the State of Nevada and is entitled to recover damages and secure other relief provided by the provisions of this chapter:

      (a) As parens patriae of the persons residing in this State, with respect to damages sustained directly or indirectly by such persons, or, alternatively, if the court finds in its discretion that the interests of justice so require, as a representative of a class or classes consisting of persons residing in this State who have been damaged directly or indirectly; or

      (b) As parens patriae, with respect to direct or indirect damages to the general economy of the State of Nevada or any political subdivision thereof.

      2.  In any action under this section, this State:

      (a) May recover the aggregate damage sustained by the persons on whose behalf this State sues, without separately proving the individual claims of each such person. Proof of such damages must be based on:

             (1) Statistical or sampling methods;

             (2) The pro rata allocation of illegal overcharges of sales occurring within the State of Nevada; or

             (3) Such other reasonable system of estimating aggregate damages as the court may permit.

      (b) Shall distribute, allocate or otherwise pay the amounts so recovered in accordance with state law, or in the absence of any applicable state law, as the district court may authorize, subject to the requirement that any distribution procedure adopted afford each person on whose behalf this State sues a reasonable opportunity individually to secure the pro rata portion of such recovery attributable to his, her or its respective claims for damages, less litigation and administrative costs, including attorney fees, before any of the recovery is escheated.

      (Added to NRS by 1975, 948; A 1999, 945)