Strategies, Challenges, and Answers

Mills Provides Analysis Of Defense Options Available In Harry Reid Civil Injury Suit

National news organization Breitbart recently interviewed Michael C. Mills, Esq. of Mills & Associates.  In the interview, Mills provided insights regarding investigation and discovery options available to the defendants named in the personal injury suit brought by Senator Harry Reid.  In his suit, recently filed in District Court, Las Vegas, Nevada, Senator Reid alleges that he lost vision in his right eye when the exercise equipment he was using struck him.  Senator Reid has filed suit … [Read more...]

NRCP Rule 16.1 Requires Disclosure Of All Responsive Liability Insurance Policies.

In Construction Defect (CD) cases, Plaintiff attorneys often bring big damage claims. Thus , Plaintiff CD attorneys instinctively look for as much liability insurance as they can find. Just as intuitively, CD Defense attorneys know that insurance policies should have nothing to do the amount of a demand.In 2013, these differing viewpoints gave rise to a dispute between the CD attorneys for Defendant Vanguard Piping Systems, Inc. and the attorneys for Plaintiff Aventine-Tramonti Homeowners … [Read more...]

Loss Or Destruction Of Critical Evidence: An Overview Of Nevada Cases

We previously highlighted the importance of preserving critical evidence and the Nevada Supreme Court case of Fire Insurance Exchange v. Zenith Radio Corp. 103 Nev. 648, 747 P.2d 911 (1987) HERE.  The Nevada Supreme Court has addressed the issue of loss of important evidence in a number of other cases.  Let’s discuss a few.In the case of Stubli v. Big D Int’l Truckers, Inc. 107 Nev. 309, 810 P.2d 785 (1991), the owner of a big rig sued the manufacturer and repair shop for damages caused to … [Read more...]

Insurance Adjusters Beware: Nevada Courts Impose Consequences for Loss of Critical Evidence

The loss of crucial physical evidence can be a game-changer in the defense or prosecution of a lawsuit that may follow.  Adjusters must guarantee that critical evidence is protected from the earliest stages of the adjusting process.  An insurance adjuster learned this lesson the hard way in the Nevada Supreme Court case of Fire Insurance Exchange v. Zenith Radio Corp. 103 Nev. 648, 747 P.2d 911 (1987).  In that case, fire destroyed an unoccupied home.  There were no witnesses to the ignition … [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...]