Strategies, Challenges, and Answers

The Pros and Cons of Nevada’s Short Trial Program

A unique Nevada alternative to conventional litigation is the Short Trial Program.  Short Trial is not a good fit for every case.  But it has many advantages that the parties should consider.  Many are familiar with the downsides to bringing a conventional lawsuit for damages.  Most cases take what seems like forever to get to trial.  The lawyer and witnesses can be expensive.  The trial might go for days or weeks at a time.  Then after trial, the parties are at risk to pay the other side’s fees … [Read more...]

LexisNexis Names Nevada Insurance Law As A Top Insurance Law Blog For 2011

The Advisory Board of the LexisNexis Insurance Law Community has selected Mills & Associates' Nevada Insurance Law as one of the nation’s Top Insurance Law Blogs for 2011.  The Advisory Board described what it saw in the winning blogs. The Top Blogs contain some of the best writing out there on insurance law.  They contain a wealth of information for the insurance law community with timely news items, practical information, expert analysis, practice tips, frequent postings, and helpful … [Read more...]

Revisiting The Policy Of Adjudication Of Disputes On The Merits Under The “Moon” Case: Turning A New Leaf Or Making An Exception?

Nevada courts regularly say that they favor adjudication of disputes on the merits of the claim and not some resolution based on a technical failure by a party or his/her attorney.  See Young v. Johnny Ribeiro Building,.106 Nev. 88, 92, 787 P.2d 777 (1990).  While there are a few exceptions to that general rule [click HERE], this policy of adjudication on the merits gives most claimants the opportunity to pursue almost any potentially viable cause of action all the way to trial.  This … [Read more...]

Got Questions?

These posts on the Mills & Associates Nevada Insurance Law blog are published to provide useful insights on Nevada insurance law to our clients and other subscribers. Many times the topics are suggested by recent case law, or issues raised by litigation.As part of our ongoing effort to provide both timely and helpful information, we invite all our readers to submit issues which they would like to see addressed in future blog posts.Likewise, please submit questions concerning prior … [Read more...]

Nevada’s Mandatory Court-Annexed Arbitration Program Survives Constitiutional Challenge

In the recent Nevada Supreme Court opinion of Zamora v. Price, 125 Nev. Adv. Op. 32, 213 P.3d 490 (2009), two aspects of Nevada’s Mandatory Court Annexed Arbitration Program survived constitutional challenge.Nevada’s Mandatory Court-Annexed Arbitration Program, as set out in NRS 38.250, has been controversial from the outset.  As regular readers of this blog are aware, the Arbitration Program requires that almost all claims valued at $50,000 or less must be arbitrated prior to going to … [Read more...]