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In Nevada, the elements for a claim of concert of action are:

  1. Two or more persons act together while committing a tort pursuant to a common design or plan; and
  2. Liability attaches for the tort of concert of action when two people commit a tort while “acting in concert with one another or pursuant to a common design.” (Proof of an agreement alone is insufficient, as the conduct of each tortfeasor must be individually tortuous);
  3. Causation and damages.

GES, Inc. v. Corbitt, 117 Nev. 265, 21 P.3d 11 (Nev. 2001); Halbertam v. Welch, 705 F.2d 472, 489 (D.C. Cir. 1983); Dow Chem. Co. v. Mahlum, 114 Nev. 1468, 1488, 970 P.2d 98, 112 (1998) overruled in part on other grounds by GES, Inc. v. Corbitt, 117 Nev. 265, 21 P.3d 11 (2011); Juhl v. Airington, 936 S.W.2d 640, 644 (Tex. 1996); Restatement (Second) of Torts § 876, bc (1979).

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Please see http://nevadalaw.info/disclaimer

 

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