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Poole V. Nev. Auto Dealership Inv.’S, Llc, 135 Nev. Adv. Op. 39 (Sept. 5, 2019), Petya Pucci
Poole V. Nev. Auto Dealership Inv.’S, Llc, 135 Nev. Adv. Op. 39 (Sept. 5, 2019), Petya Pucci
Nevada Supreme Court Summaries
The Court determined that under the Nevada Deceptive Trade Practices Act (“NDTPA”) , (1) “knowingly” means that “the defendant is aware that the facts exist that constitute the act or omission”, and (2) that a fact is “material” if either (a) “a reasonable person would attach importance to its existence or nonexistence in determining a choice of action in the transaction in question,” or b) “the defendant knows or has reason to know that the consumer regards or is likely to regard the matter as important in determining a choice of action, although a reasonable person may not so regard …