Strategies, Challenges, and Answers

An Insurance Company Must Respond To A Subpoena Involving Ongoing Third-Party Litigation.

With escalating frequency, we at Mills & Associates are seeing aggressive plaintiffs serve subpoenas directly on the defendant’s insurance carriers.  These subpoenas often request records that the retained defense attorney has already produced.  Sometimes they will request a particular claims adjuster appear and testify about those records.  By doing so, plaintiffs are hoping to identify documents or information that the retained defense attorney has improperly withheld.  We thought our … [Read more...]

Computation Of Damages

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...]