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November 12, 2009

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Question 5

Friday, Oct. 15, 2004 | 5:04 a.m.

Ballot Question 5, the "Stop Frivolous Lawsuits and Protect Your Legal Rights Act," also proposed by plaintiffs' attorneys, is a proposed amendment to the Nevada Constitution that would also have to be approved in the November 2006 general election before taking effect. It would:

PRO: Plaintiffs' lawyers say the crackdown on frivolous lawsuits would allow insurance companies to pass on savings to consumers while allowing plaintiffs to pursue legitimate claims.

CON: Doctors see this as an even broader effort to roll back caps on damages. Insurers and other businesses say this measure will actually make it harder for judges to determine frivolous lawsuits and does nothing to address what they believe to be the real culprit of frivolous lawsuits -- high attorneys' fees. The Legislative Counsel Bureau also has issued an opinion stating that the measure would not provide greater protections against or penalties for frivolous lawsuits.

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