Strategies, Challenges, and Answers

Computation of Damages Update

In March, 2011, the Nevada Law Blogs described the advantages of consistent enforcement of the discovery rules that require the Plaintiff to disclose and compute their damages.  Fed. R. Civ. P. 26(a)(1)(A)(iii) and Nev. R. Civ. P. 16.1(a)(1)(D).  HERE.  Since that time, a number of courts in Nevada have sanctioned Plaintiffs for untimely disclosure of damages.In the case of Shakespear v. Wal-Mart Stores, Inc., No. 2:12-cv-01064-MMD-PAL, 2013 U.S. Dist. LEXIS 100644 (D. Nev. July 8, 2013), … [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...]