Strategies, Challenges, and Answers

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...]

Dram Shop Wonderland Castle Withstands Surprise Attack

Previous blogs have discussed the long standing rule in Nevada that a proprietor’s sale of alcohol is not the proximate cause of injury to either the consumer or a victim of the consumer of the beverage. The most recent case that was discussed was Rodriguez v. Primmadonna Co., 125 Nev. Adv. Op. 45 (2009), discussed HERE.  That case involved inebriated casino patrons who had been kicked out of a casino, with the casino’s knowledge that they would be departing in a vehicle.  An ensuing accident … [Read more...]