Strategies, Challenges, and Answers

Computation Of Damages

Nevada’s Rule of Civil Procedure 16.1(a)(1)(C) and Federal Rule of Civil Procedure 26(a)(1)(A)(iii) require the claimant to serve a “computation of any category of damages claimed by the disclosing party”.  This Computation of Damages is supposed to be served with the initial disclosures and must be provided “without awaiting a discovery request.” In the case of Design Strategy, Inc. v. Davis, 469 F3d 284 (2d Cir. 2006), the court had to decide whether a Plaintiff, who had failed to disclose … [Read more...]