Strategies, Challenges, and Answers

Put Up Or Shut Up! Making An Effective Demand For A Non-Resident Cost Security

When Plaintiffs live outside the state of Nevada, the defense attorney can utter the litigation equivalent to these fighting words by filing a Demand for Security of Costs.  If the Demand is properly and timely filed, the Plaintiffs are forced to either post up the security or shut up by having their case dismissed.  The authority to demand that non-residents post a security for costs is found in N.R.S. 18.130.The statute provides that where a plaintiff resides out of the state or is a … [Read more...]

A Fee Shifting Strategy For Nevada’s District Court: Part 1

WINNING A DEFENSE VERDICT IS NOT ENOUGH! Why The Defense Needs To Use The Offer Of Judgment Strategy In Every District Court Case. I can’t count the number of times I have heard a defense client or an insurance adjuster say, “The plaintiff’s case is a dog.  Why should I offer anything to the plaintiff to settle the case?”    My response to that question has always been, “Only by serving an Offer of Judgment, can the defense best position itself to either settle the case or try it.”  This … [Read more...]

A Fee Shifting Strategy For Nevada’s District Courts: Part 2

WHEN SERVING AN OFFER OF JUDGMENT, TIMING AND FORM ARE EVERYTHING In Part I of this Post, I discussed an Offer of Judgment strategy and detailed the advantages of serving a defense Offer of Judgment in every civil case.An obvious advantage of serving an Offer of Judgment is that if the opponent accepts the offer, you have put an end to the case.  The less obvious advantage is that if the Offer expires without having been accepted, you have placed your opponent at risk of having to pay your … [Read more...]

A Fee Shifting Strategy For Nevada’s District Courts: Part 3

AN OFFER OF JUDGMENT SUCCESS STORY Over the course of the last few years, several Mills & Associates Newsletters have been devoted to the strategy of serving Offers of Judgment in defense litigation cases.  An exceptionally good example of how this Offer of Judgment strategy can make a difference presented itself in a wrongful death case that this office recently settled.  With the permission of the insurance carrier and the clients, please allow me to describe the circumstances related to … [Read more...]

Attorney’s Fees & Costs

Costs are almost universally allowed to the prevailing party.  N.R.S. 18.005.Attorney's fees: Nevada follows the "American Rule" which is that each pays his own attorney's fees unless another statute of rule provides for the recovery of Attorney's fees.  Statutes and rules that provide for recovery of attorney's fees are more common for Plaintiffs than Defendants.In District Court: Under the right circumstances in District Court, Defendants can potentially recover their costs and … [Read more...]