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...]
The Burden On Apportionment Of Damages Shifts To The Defendant Where Two Separate Accidents Cause An Inseparable Injury
October 12, 2011 by
The Plaintiff usually has the burden to prove that the Defendant was negligent and that the Defendant’s negligence caused him injury. However, in cases where two accidents happen so close together that one cannot tell which accident caused which injury, what is a Plaintiff to do? This was the question posed to the Nevada Supreme Court in the case of Kleitz v. Raskin, 103 Nev. 325, 728 P.2d 508 (1987). In Kleitz, the Plaintiff sustained injury in two successive automobile accidents, one … [Read more...]
Computation Of Damages
March 29, 2011 by
Nevada’s Rule of Civil Procedure 16.1(a)(1)(C) and Federal Rule of Civil Procedure 26(a)(1)(A)(iii) require the claimant to serve a “computation of any category of damages claimed by the disclosing party”. This Computation of Damages is supposed to be served with the initial disclosures and must be provided “without awaiting a discovery request.” In the case of Design Strategy, Inc. v. Davis, 469 F3d 284 (2d Cir. 2006), the court had to decide whether a Plaintiff, who had failed to disclose … [Read more...]
Got Questions?
August 3, 2010 by
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...]
The Walls Of Nevada’s Dram Shop Wonderland Castle Withstand Assault
November 11, 2009 by
In our previous blog post, Dram Shop Wonderland, we addressed attempts that have been made over the years by Nevada lawyers to impose liability on bar, tavern and hotel owners for injuries and damages caused by their inebriated guests. We noted that despite compelling circumstances, the courts have not imposed liability. The court’s argument has been that if dram shop liability is to be imposed, it must be done by the Nevada legislature. It has been 13 years since the last attempt to … [Read more...]
