Nevada Supreme Court Overrules Caselaw On Post-Trial Contingency Fee Awards

Nevada’s Supreme Court has overruled Capriati Construction Corp. v. Yahyavi, 137 Nev. 675, 498 P.3d 226 (2021) to the extent it holds that a plaintiff represented on a contingency fee may recover the entire contingency fee if an offer of judgment is beaten. In Clark v. Marin, 142 Nev. Adv. Op. 47 (July 2, 2026), Marin sued Clark for injuries sustained in a motor vehicle accident. Marin served Clark a $2 million offer of judgment 24 days before trial. The jury’s verdict totaled $2,045,117.55. Offers of judgment under NRCP 68 are a powerful tool, allowing a plaintiff to serve an offer of judgment and recover post-offer attorneys’ fees if the plaintiff recovers more than was offered. The verdict here, plus prejudgment interest and taxable costs, produced a judgment that exceeded $2 million, so the plaintiff moved for attorneys’ fees.