Strategies, Challenges, and Answers

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...]

Never Say Never

Why it may be ill advised for an insurance company to say that it will never go off panel to assign work to insurance defense attorneys... Recently, Mills & Associates logged into a webcast sponsored by an insurance industry organization.  The webcast’s expert panel was convened to discuss how defense attorneys could better improve the “insurance defense relationship”. As I listened to the panel members, it was reinforced to me how much insurance companies like to follow predetermined … [Read more...]

Dram Shop Wonderland

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...]