July 10, 2020
The Honorable Steve Sisolak
Nevada Governor
State Capitol Building
PRESIDENT 101 N. Carson Street
Brett A. Carter Carson City, NV 89701
PRESIDENT ELECT
Kimberly M. Surratt Dear Governor Sisolak:
VICE-PRESIDENT We want to thank you for leading our state through the COVID-19 pandemic. We know there
David D. Boehrer
are many important issues you and the Legislature need to address. However, we were
TREASURER
provided a copy of the NRA’s letter to you dated July 9, 2020. We feel compelled to respond to
Jamie S. Cogburn the letter.
SECRETARY While we understand the unique aspects of COVID-19, we believe it is unjust and unfair to
Jason D. Mills
incentivize unsafe practices, reward those businesses who engage in unsafe practices and
BOARD OF GOVERNORS
penalize Nevada workers, consumers and tourists who contract COVID-19 because of those
George T. Bochanis unsafe practices.
Alison M. Brasier
Ardea Canepa-Rotoli
Recent headlines across Nevada emphasize the lack of adherence to your guidelines and
Lindsay K. Cullen
Graham A. Galloway mandates. Utah passed a bill that provided broad immunity to businesses from pandemic-
Michael D. Haight related litigation. The next day the Utah Press Herald reported that two businesses had told
Robert R. Jensen their employees to disregard the guidelines and even those who tested positive for
Craig W. Kidwell
Cliff W. Marcek Coronavirus were ordered back to work causing a major outbreak.
Robert E. Marshall
Samantha A. Martin In the words of the New York Times Editorial Board, “Everyone wants the American economy to
Elaine H. Marzola
Christian M. Morris
reopen. The point here isn’t to punish businesses in that process, it’s to incentivize them to
Boyd B. Moss protect their workers and customers. This, more than any immunity, will ensure that millions of
Brian D. Nettles Americans can get back to work as safely and as quickly as possible.”
Stephen H. Osborne
Leah Ronhaar
Herb J. Santos, Jr. Nonetheless, we understand the unique problems facing Nevada. We remain committed to
Eva G. Segerblom working with the business community to find common ground on liability issues. We have
Matthew L. Sharp
made a proposal that includes:
Kathleen A. Sigurdson
Laurence B. Springberg
Leonard H. Stone • A heightened fraud-level pleading standard: The law requires that a lawsuit be pled
Mark C. Wenzel with what is called “notice pleading” except in special circumstances like claims for
IMMEDIATE PAST
fraud. For fraud claims, the law requires that the lawsuit be pled with “particularity.”
PRESIDENT We agree that COVID-19 claims should be pled with particularity. That way legitimate
Patrick R. Leverty cases can go forward, and frivolous cases can be summarily dismissed.
GOVERNORS EMERITUS • Rebuttable Presumption: We propose a “rebuttable presumption” standard. This
John Squire Drendel
Peter Chase Neumann means any business who follows the rules is presumed to have no liability. If a
Gerald M. Welt business doesn’t follow the rules it is presumed to have liability. Either presumption
can be overcome with evidence establishing the presumption does not apply. We
EXECUTIVE DIRECTOR believe a rebuttable presumption rewards responsible businesses and holds
Victoria Coolbaugh
irresponsible businesses accountable.
810 E. Fifth Street • Worker Protection: We propose a rebuttable presumption that our workers who
Carson City, NV 89701
Tel 775.883.3577 contract COVID-19 do so from their workplace. Workers should not have to fear going
Fax 775.883.5372 back to work. By ensuring that workers have a presumption that contracting COVID-19
is compensable under the Industrial Insurance Claims Act, it will provide comfort in
717 South Third Street
Las Vegas, NV 89101
knowing they will be cared for were they to become sick upon returning to work. All
Tel 702.732.8409 other limitations regarding Workers’ Compensation claims would remain the same.
Fax 702.732.9310
www.nevadajustice.org
We want to assure you that existing law provides the community with predictability and
responsibility as: (1) those businesses who engage in bad conduct which causes injury to
another person are held accountable for their conduct; and (2) those lawyers who engage in
unscrupulous practices are held accountable for their wrongful conduct.
• Historically, we have been pushed for legislation to deter lawyers from filing
frivolous lawsuits. As a result of our efforts, the Legislature passed NRS 7.085 or
the “lawyer pays” statute. This statute provides that if a lawyer files a frivolous
lawsuit, he/she will be responsible for the attorney fees and costs the business
incurs defending itself.
• We do not believe special liability protections for any business related to COVID-
19 issues is necessary. Under existing law, responsible businesses will be protected
from COVID-19 related claims. To establish a claim for any injury, a person must
prove: (1) the business failed to act with reasonable care to avoid injury to itself or
others; and (2) the business’s failure to act with reasonable cause caused the person
to contract COVID-19.
• If a business acts responsibly in following safety guidelines, it is immune from
liability. Even if a business violates its responsibilities, the person will still have to
prove the violation caused he/she to contract COVID-19. Given the multitude of risk
factors and mechanisms for transmission of the virus, in our view it will be
extremely difficult to establish that a specific negligent act of a business caused the
transmission of the COVID-19 virus.
These past few months have brought unprecedented tragedy. The COVID-19 pandemic has
caused economic and personal devastation to Nevada. We applaud and appreciate the
compassion, courage, and efforts you and your staff have shown in protecting the health,
safety, and welfare of all Nevadans during this crisis.
Sincerely,
Brett Austen Carter, Esq.
President, Nevada Justice Association
Robert T. Eglet, Esq.
Co-Chair, Citizens for Justice
Matthew L. Sharp, Esq.
Co-Chair, Citizens for Justice
www.nevadajustice.org
