Nevada Supreme Court

Cheryl Davis, an Individual; and Triple Win, LLC, Dba Platinum Properties Gmac Real Estate, a Nevada Limited…

June 14, 2012128 Nev. 301

Summary

The Nevada Supreme Court held that compromise offers are inadmissible to prove failure to mitigate damages under NRS 48.105, that NRS 645.251 does not bar common‑law fraud‑by‑concealment claims when the conduct overlaps statutory duties, that it does not preclude respondeat‑superior liability for an employer, that diminution damages are the proper measure of compensatory damages for statutory claims, and that the Doughertys are entitled to attorney‑fees under their listing and purchase agreements. The court reversed the fraud‑by‑concealment judgment, affirmed liability findings, vacated and remanded damages, and reversed in part the denial of attorney‑fees.