In this turbulent economy, more and more businesses and individuals are filing for bankruptcy protection. When a bankruptcy is filed, what happens where the debtor is either a Plaintiff or Defendant in litigation? This post will try to answer those questions. When a Plaintiff or a Defendant files bankruptcy, the federal bankruptcy law imposes an “automatic stay”. The automatic stay stops all litigation activity of the debtor. The stay is triggered by the filing of the bankruptcy … [Read more...]
An Attorney Representing Himself Cannot Claim Attorney’s Fees For The Time That He Spends Prosecuting His Own Claim
March 2, 2009 by
It is often a phone call from a carrier that becomes the impetus for a new blog post. This week’s phone call asked whether an attorney, representing himself, would be entitled to recover attorney’s fees for the time he spent prosecuting his own claim. The company said that an attorney, whose fancy car had been damaged, threatened to take his claim to court. The attorney insinuated that while there he intended to rack up outlandish attorney’s fees and thereby punish the carrier for not paying … [Read more...]
Does Nevada Recognize A Claim Of Diminished Value?
February 25, 2009 by
It just so happens that last week, I got a telephone call from two adjusters at the same insurance company asking me this question. I told them both I was confident that Nevada recognized diminished value claims. But I decided that I would go back, take a look into my research and reconfirm how it is that I was confident that there was recovery for "diminished value" in Nevada. Here is what I found. Normally, when someone asks me, "What is the state of the law on a particular topic?", … [Read more...]
Nevada Lacks Dram Shop Law(S)
February 9, 2009 by
For years Nevada Lawyers have tried unsuccessfully to get judges to impose liability on casino, bar and restaurant owners when guests were served too much alcohol, leading to accidents and injuries. In case after case, Nevada judges have refused. For more on this topic please visit our Dram Shop posts on our Nevada Coverage and Bad Faith Law Blog. … [Read more...]
Dram Shop Wonderland
February 6, 2009 by
Once upon a time in a land far, far away the courts refused to legislate from the bench. That place was called Dram Shop Wonderland. The story goes like this: In that day, there were dram shop owners and innkeepers who served their guests beverages known to cause inebriation. The guests would leave the place in a less than sober state and caused mischief in the town, including damage and injury. The victims of the mischief made appeals to the courts and the courts ordered the guests … [Read more...]
