Smart adjusters have avoided paying a Plaintiff’s verdict and have recovered their own costs and attorney’s fees by properly using Offers of Judgment rules as a defense strategy, even where liability is adverse. However, a Nevada Supreme Court case could cause an unwary adjuster to undervalue the Offer of Judgment and thereby miss out on the advantages that are available under those rules. Don’t sabotage your position while using the Offer of Judgment strategy because you are unaware of … [Read more...]
Now Where Are You Going?
November 14, 2008 by
Nevada Jurisdiction Risks Both 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
October 22, 2008 by
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?
August 22, 2008 by
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...]
A Fee Shifting Strategy For Nevada’s District Court: Part 1
August 8, 2008 by
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...]
