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SERES v. LERNER

No. 40938.

102 P.3d 91 (2004)

Donna SERES, Appellant, v. Jimmy A. LERNER, Respondent.

Supreme Court of Nevada.

December 21, 2004.

Attorney(s) appearing for the Case

Hardy & Associates and Ian E. Silverberg, Reno, for Appellant.

Law Offices of Freeman & Routsis and Scott N. Freeman, Reno; Law Offices of Kenneth E. Lyon and Kenneth E. Lyon III, Reno, for Respondent.

Brian Sandoval, Attorney General, and Robert E. Wieland, Deputy Attorney General, Carson City, for Amicus Curiae.

Before the Court En Banc.

OPINION

MAUPIN, J.

In this appeal, we consider the constitutionality of NRS 217.007, Nevada's "Son of Sam" law. In general terms, NRS 217.007 allows a felony victim to recover from the felon any monetary proceeds the felon might generate from published materials based upon or substantially related to the offense. Damage awards derived from actions brought after expiration of applicable statutes of limitation for tort damages are limited to publication...

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