Elements for a Claim of Fraudulent Concealment

In Nevada, the elements for a claim of fraudulent concealment are:

1. Defendant concealed or suppressed a material fact;
2. Defendant was under a duty to disclose the concealed fact;
3. Defendant intentionally concealed or suppressed the fact with the intention of defrauding plaintiff;
4. Plaintiff did not know about the fact and would have acted differently had they known; and
5. Plaintiff sustained Causation and damages as a result of the concealment or suppression of the fact.

NEVADA JURY INSTRUCTIONS 9.03; Nevada Power Co. v. Monsanto Co., 891 F.Supp. 1406, 1415 (D. Nev. 1995); Riviera v. Morris, Inc., 395 F.3d 142 (9th Cir. 2005) (citing Dow Chem. Co. v. Mahlum, 14 Nev. 1468 (1998) overruled in part on other grounds).