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BETSINGER v. D.R. HORTON, INC.

No. 50510.

232 P.3d 433 (2010)

Steven M. BETSINGER, Appellant/Cross-Respondent, v. D.R. HORTON, INC., a Nevada Corporation; Jeff Ward; Debra Martinez; DHI Mortgage Company, Ltd., a Texas Limited Partnership f/k/a CH Mortgage Company I, Ltd., a Nevada Limited Partnership; and Daniel Callahan, Individually, Respondents/Cross-Appellants.

Supreme Court of Nevada.

May 27, 2010.

Attorney(s) appearing for the Case

Bailey Kennedy and Dennis L. Kennedy and Sarah E. Harmon, Las Vegas; Feldman Graf, P.C., and David J. Feldman and J. Rusty Graf, Las Vegas, for Appellant/Cross-Respondent.

Lionel Sawyer & Collins and David N. Frederick and Todd E. Kennedy, Las Vegas; Wood, Smith, Henning & Berman, LLP, and Joel D. Odou and Tod R. Dubow, Las Vegas, for Respondents/Cross-Appellants.

Before the Court En Banc.

OPINION

By the Court, PARRAGUIRRE, C.J.

In this opinion, we consider the proper burden of proof that should apply for a cause of action brought under NRS Chapter 598's deceptive trade practices statutory scheme. We conclude that any cause of action for deceptive trade practices under NRS Chapter 598 must be proven by a preponderance of the evidence. We further conclude that a substantial portion of Steven Betsinger's compensatory damage award must...

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