2:25-cv-575-APG-BNW MOTION HEARING - ROUGH DRAFT - DO NOT CITE!!!
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to prevail on a claim?
MS. WHELAN: If they -- yeah, if they properly met the prerequisites for waiver of sovereign immunity in NRS Chapter 41, certainly. THE COURT: My foggy brain reminds me there used to be a cap on damages against the State in certain cases. MS. WHELAN: In tort cases.
THE COURT: Tort cases. MS. WHELAN: Sure. Yeah. THE COURT: Does that cap still exist under State
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law? Would it apply here?
MS. WHELAN: That cap does exist. I haven't honestly given thought to whether that cap applies. I don't think this is really a tort case. It would depend on what their allegations were. I can't really answer that at this time. THE COURT: Okay. So there is still a cap on -- so if this is deemed a tort, as opposed to a contract-based claim, is the cap somewhere around 300 grand or something like that? MS. WHELAN: Something like that, yeah. THE COURT: So if they have millions of dollars of damages and are limited to 300,000, doesn't that make the remainder irreparable harm? Because it's not compensable. MS. WHELAN: It wouldn't be compensable in full if it were that amount. I would just say that there's really no
UNITED STATES DISTRICT COURT Judy K. Moore, RMR, CRR
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