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Nevada Law Library

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).