Strategies, Challenges, and Answers

Celebrate Law Day 2011

Gerald Ford said “Our constitution works. Our great republic is a government of laws, not of men.”  Andrew Jackson said “The great can protect themselves, but the poor and humble require the arm and shield of the law. “  Republican or Democrat, all acknowledge that the USA is a nation of laws.  In these times of political unrest it is important to remember this country is founded on the rule of law.During the cold war the USSR celebrated May 1 with parades emphasizing military might, and … [Read more...]

What Happens When One Of Multiple Defendants Files For Bankruptcy?

A previous M&A blog post HERE discussed the ramifications of a bankruptcy filing on civil litigation by a Plaintiff or Defendant.  In that post we learned that where a sole Defendant files bankruptcy, the entire case comes to a stop due to the automatic stay imposed by bankruptcy law.  See 11 U.S.C. 362(a)(1). However, what happens when the insured defendant files bankruptcy, but is only one of several defendants?In the case of multiple Defendants, the underlying litigation is not … [Read more...]

The Futility Of Summary Disposition Of Cases In Clark County, Nevada

“Why Should I Even Try?” I don’t know how many times during my first meeting with the client, I have heard recitations about how unjust it is that the client has to defend against facially unsupportable allegations.  “Why don’t you just file a Motion and get us out of this case?” they ask.  My answer has always been “If only it were that easy!” When giving that answer, I wasn’t trying to be inconsiderate.  I was just passing on to the client what I had learned by experience; in Nevada State … [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...]

Can’t Keep A Good Offer Of Judgment Down.

Anyone familiar with our blog knows that Mills & Associates is a proponent of the Nevada Offer of Judgment rules.  Recently the Nevada Supreme Court provided yet another reason why Offers are worth making. In Re Estate of Miller, 125 Nev. Adv. Op. 42, 216 P.3d 239  (September 9, 2009).Miller involved a will contest in which the Defendant made Offers of Judgment to the Plaintiffs.  At trial the Plaintiffs prevailed and the Defendant appealed.  On appeal the Nevada Supreme Court reversed … [Read more...]