Strategies, Challenges, and Answers

What Changes Do You Expect When Nevada Justice Court Jurisdiction Increases From $10,000 To $15,000 In January 2017?

The 2015 Nevada Legislature increased the state courts’ jurisdictional limits.  Assembly Bill 66 saw the jurisdictional limit in small claims increase from $7,500 to $10,000.  That change took effect on October 1, 2015.  NRS 73.010.The same bill increased the jurisdictional limit of Nevada’s Justice of the Peace courts.  Since 2003, the jurisdictional limit had been set $10,000.  Assembly Bill 66 increased the jurisdictional limit to $15,000.  NRS 4.370 (1).  These changes take effect on … [Read more...]

TRANSPORTATION CARRIER CREATES NEVADA SPECIFIC ADJUSTER TEAM

Mills & Associates has always emphasized that Nevada is a unique venue in which to defend claims.  In our blogs, Mills and Associates has identified special "Nevada Factors" that need to be considered in defending Nevada suits.  Some carriers are acting on our words of caution.On a recent trip to Idaho to present our educational seminar on the “Nevada Unfair Claims Practices Act”, Mills & Associates learned that a national transportation insurance company has set up a "Nevada Team”.  … [Read more...]

Now Where Are You Going?

Nevada Jurisdiction RisksBoth Plaintiffs and Defendants take a serious risk when litigating in a court that lacks proper jurisdiction.  The Nevada Supreme Court has said that subject matter jurisdiction is never waived.  Issues of subject matter jurisdiction can be raised at any time during the proceedings, and in almost any manner.  Meinhold v. Clark County School District, 89 Nev. 56, 59, 506 P.2d 420, 422 (1973); S. G. & R. Bank v. Milisich, 43 Nev. 373, 390, 233 P.41, 46 (1925); … [Read more...]

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...]

Must / Can / Should This Case Be Removed To Federal Court?

In my experience, most Nevada plaintiffs’ attorneys would prefer litigating their client’s cases in the Nevada state court.  Each probably has his or her own reason to prefer state court over federal.  However, defendants may realize significant advantages by getting a case out of state court.  The process of getting a case out of state court and into the proper federal court is called “removal”.I don’t recall a plaintiff’s attorney ever consulting his defense opponent on which jurisdiction … [Read more...]