NRS
357.080 Action by private plaintiff; venue of actions.
1. Except as otherwise provided in this
section and NRS 357.100, a private
plaintiff may bring an action pursuant to this chapter for a violation of NRS 357.040 on his or her own account and
that of the State or a political subdivision, or both the State and a political
subdivision. The action must be brought in the name of the State or the
political subdivision, or both. After such an action is commenced, it may be
dismissed only with written consent of the court and the Attorney General. The
court and the Attorney General shall take into account the public purposes of
this chapter and the best interests of the parties in dismissing the action or
consenting to the dismissal, as applicable, and provide the reasons for
dismissing the action or consenting to the dismissal, as applicable.
2. If a private plaintiff brings an action
pursuant to this chapter, no person other than the Attorney General or the
Attorney General’s designee may intervene or bring a related action pursuant to
this chapter based on the facts underlying the first action.
3. An action may not be brought by a
private plaintiff pursuant to this chapter:
(a) Against a member of the Legislature or the
Judiciary, an elected officer of the Executive Department of the State
Government, or a member of the governing body of a political subdivision, if
the action is based upon evidence or information known to the State or
political subdivision at the time the action was brought.
(b) If the action is based upon allegations or
transactions that are the subject of a civil action or an administrative
proceeding for a monetary penalty to which the State or political subdivision
is already a party.
4. A complaint filed pursuant to this
section must be placed under seal and so remain for at least 60 days or until
the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 has elected whether to
intervene. No service may be made upon the defendant until so ordered by the
court.
5. On the date the private plaintiff files
a complaint, he or she shall send a copy of the complaint to the Attorney
General by mail with return receipt requested. The private plaintiff shall send
with each copy of the complaint a written disclosure of substantially all material
evidence and information he or she possesses. If a district attorney or city
attorney has accepted a designation from the Attorney General pursuant to NRS 357.070, the Attorney General shall
forward a copy of the complaint to the district attorney or city attorney, as
applicable.
6. An action pursuant to this chapter may
be brought in any judicial district in this State in which the defendant can be
found, resides, transacts business or in which any of the alleged fraudulent
activities occurred.
(Added to NRS by 1999,
825, 826;
A 2007,
2399; 2011,
375; 2013,
1046; 2015,
913; 2025,
1296)
Notes of Decisions
Orbitz Worldwide v. Eighth Jud. Dist. Ct. (Nev. 2023).
· cites it 64× “Like the statute in Madera, NRS 357.080 uses the terms "maintain" and "bring" at different points, indicating the Legislature's intent to distinguish the two terms rather than collapse them.”
In Re Pharm. Ind. Avg. Whole. Price Lit., 538 F. Supp. 2d 367 (D. Mass. 2008).
“" Nev.Rev.Stat. § 357.080(3). Similarly, the Hawaii False Claims Act states that a person may not bring an action "[t]hat is based upon allegations or transactions that are the subject of a civil or criminal investigation by the State, civil suit, or an administrative civil…”
U.S. ex rel. Saldivar v. Fresenius Med. Care Holdings, Inc., 906 F. Supp. 2d 1264 (N.D. Ga. 2012).
“Gov’t Code § 12652(c)(3); Nev. Rev. Stat. § 357.080 . Relator avers that he complied with these requirements by providing each state’s Attorney General with a copy of the Complaint and all disclosure documents on January 24, 2011.”
Simonian v. Univ. & Cmty. Coll. Sys., 128 P.3d 1057 (Nev. 2006).
“des, in relevant part, as follows: If any reprisal or retaliatory action is taken against a state officer or employee who discloses information concerning improper governmental action within 2 years after the information is disclosed, the state officer or employee may file a…”
Goldman, Ed.D. Vs. Clark Cty. Sch. Dist. C/W 78822 (Nev. 2020).
· cites it 7× “The district court dismissed Goldman's retaliation claim without prejudice because Goldman did not comply with the procedural prerequisites set forth in NRS 357.080. We conclude this was error. Nevada's FCA, which is modeled on the federal False Claims Act, is intended to…”
Goldman, Ed.D. Vs. Clark Cty. Sch. Dist. C/W 78822 (Nev. 2020).
· cites it 7× “The district court dismissed Goldman's retaliation claim without prejudice because Goldman did not comply with the procedural prerequisites set forth in NRS 357.080. We conclude this was error. Nevada's FCA, which is modeled on the federal False Claims Act, is intended to…”
United States ex rel. West v. Ortho-McNeil Pharm., Inc., 538 F. Supp. 2d 367 (D. Mass. 2008).
“” Nev.Rev.Stat. § 357.080(3). Similarly, the Hawaii False Claims Act states that a person may not bring an action “[t]hat is based upon allegations or transactions that are the subject of a civil or criminal investigation by the State, civil suit, or an administrative civil…”
— Nev. Rev. Stat. § 357.080(1) — 2 cases
Orbitz Worldwide v. Eighth Jud. Dist. Ct. (Nev. 2023).
“Like the statute in Madera, NRS 357.080 uses the terms "maintain" and "bring" at different points, indicating the Legislature's intent to distinguish the two terms rather than collapse them.”
— Nev. Rev. Stat. § 357.080(2) — 3 cases
Orbitz Worldwide v. Eighth Jud. Dist. Ct. (Nev. 2023).
“Like the statute in Madera, NRS 357.080 uses the terms "maintain" and "bring" at different points, indicating the Legislature's intent to distinguish the two terms rather than collapse them.”
— Nev. Rev. Stat. § 357.080(3) — 3 cases
In Re Pharm. Ind. Avg. Whole. Price Lit., 538 F. Supp. 2d 367 (D. Mass. 2008).
“" Nev.Rev.Stat. § 357.080(3). Similarly, the Hawaii False Claims Act states that a person may not bring an action "[t]hat is based upon allegations or transactions that are the subject of a civil or criminal investigation by the State, civil suit, or an administrative civil…”
United States ex rel. West v. Ortho-McNeil Pharm., Inc., 538 F. Supp. 2d 367 (D. Mass. 2008).
“” Nev.Rev.Stat. § 357.080(3). Similarly, the Hawaii False Claims Act states that a person may not bring an action “[t]hat is based upon allegations or transactions that are the subject of a civil or criminal investigation by the State, civil suit, or an administrative civil…”
Orbitz Worldwide v. Eighth Jud. Dist. Ct. (Nev. 2023).
“Like the statute in Madera, NRS 357.080 uses the terms "maintain" and "bring" at different points, indicating the Legislature's intent to distinguish the two terms rather than collapse them.”
— Nev. Rev. Stat. § 357.080(3)(b) — 1 case
Orbitz Worldwide v. Eighth Jud. Dist. Ct. (Nev. 2023).
“Like the statute in Madera, NRS 357.080 uses the terms "maintain" and "bring" at different points, indicating the Legislature's intent to distinguish the two terms rather than collapse them.”
— Nev. Rev. Stat. § 357.080(3)(h) — 1 case
Orbitz Worldwide v. Eighth Jud. Dist. Ct. (Nev. 2023).
“Like the statute in Madera, NRS 357.080 uses the terms "maintain" and "bring" at different points, indicating the Legislature's intent to distinguish the two terms rather than collapse them.”
— Nev. Rev. Stat. § 357.080(4) — 4 cases
Orbitz Worldwide v. Eighth Jud. Dist. Ct. (Nev. 2023).
“Like the statute in Madera, NRS 357.080 uses the terms "maintain" and "bring" at different points, indicating the Legislature's intent to distinguish the two terms rather than collapse them.”
Goldman, Ed.D. Vs. Clark Cty. Sch. Dist. C/W 78822 (Nev. 2020).
“The district court dismissed Goldman's retaliation claim without prejudice because Goldman did not comply with the procedural prerequisites set forth in NRS 357.080. We conclude this was error. Nevada's FCA, which is modeled on the federal False Claims Act, is intended to…”
Goldman, Ed.D. Vs. Clark Cty. Sch. Dist. C/W 78822 (Nev. 2020).
“The district court dismissed Goldman's retaliation claim without prejudice because Goldman did not comply with the procedural prerequisites set forth in NRS 357.080. We conclude this was error. Nevada's FCA, which is modeled on the federal False Claims Act, is intended to…”
— Nev. Rev. Stat. § 357.080(5) — 1 case
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