Gidget Swanson claimed injury from a motor vehicle accident. She said that a red car hit her from behind and pushed her into the car ahead of her. She said that the red car drove away and was never identified. She presented an uninsured motorist claim to her auto insurance company Acuity. The claim was not resolved and went to trial. At trial, a jury found Acuity liable for compensatory damages in the amount of $150,000. The jury said that Acuity had breached its contract with Ms. … [Read more...]
A Witness Not Timely Disclosed Cannot Be Used At Trial Unless The Failure To Disclose Is Substantially Justified
January 8, 2024 by
Happy New Year!
December 28, 2023 by
May 2024 bring new opportunities, success at every step and countless reasons to celebrate! We wish you health and prosperity in the coming year and beyond. Happy New Year! … [Read more...]
Season’s Greetings
December 21, 2023 by
I really enjoy this time of year. It means that I get to spend more time with my family and splurge eating some foods that I would otherwise shun. I hope that all of the readers of the Nevada Law Blogs will also be sipping something warm, eating a little too much and staying safe out of the weather. Most importantly, I hope that you all will be sharing this wonderful Season with those you love. From all of us to all of you, have a Happy Holiday. … [Read more...]
Nevada Is Not A Direct Action State
December 20, 2023 by
In October 2017, Ronald Law was involved in a motor vehicle accident. In June 2021, he filed a Complaint and then an Amended Complaint against Progressive (the tortfeasor’s insurer) and against Progressive’s adjuster. The Complaint alleged: Negligence; Abuse of Process; Fraud; Violation of HIPAA and Patient Confidentiality Laws, Statutes, Regulations and Practices; Negligent Infliction of Emotional Distress ("NIED"); Defamation; Injurious … [Read more...]
In Nevada, An Insurance Agent Or Broker Is Generally An Agent Of The Insured, Not The Insurer
November 9, 2023 by
It was a terrible fire. On November 21, 1980, 85 people died when a refrigerated pastry display caught fire at the MGM Grand in Las Vegas. The Grand Hotel Gift Shop was destroyed in the fire. The Gift Shop suffered almost a $1,000,000 in business interruption damages. The Gift Shop sued its insurance broker, and the insurance company that wrote its business interruption insurance, Granite State Insurance. Prior to trial, the Gift Shop settled with the broker and resolved several of its … [Read more...]
The Nevada Supreme Court Approves The District Court’s Unilateral Reduction Of The Attorney’s Share In A Proposed Minor’s Settlement
October 31, 2023 by
The Nevada Law Blogs has treated the question of Approval of Compromise of Minor’s Claim a few times over the years. For a little background, see HERE and HERE. The question today is what authority does the Court have when it comes to approving Petitions for Approval of Compromise of Minor’s Claims pursuant to NRS 41.200? The answer is found in the case of Haley v. Eighth Judicial Dist. Court of Nev., 128 Nev. 171, 273 P.3d 855, 2012 Nev. LEXIS 31, 128 Nev. Adv. Rep. 16, 2012 WL … [Read more...]
Damages For Future Medical Care Based On Subjective Injuries Requires Expert Support
October 25, 2023 by
John Lanza was hurt in a motor vehicle accident. He settled with the underlying tortfeasor and brought suit against his UIM carrier Progressive Direct. One issue was whether he would be allowed to claim future damages based upon headaches, neck pain and back pain. He wanted to recover for the future care he received. He said that he would have future pain and suffering. He also claimed that he would lose income based upon time lost at work while seeking that future care. When … [Read more...]
Corporations, LLCs And Trusts Need Lawyers To Appear In Court
October 23, 2023 by
Wilma Winters died. Ms. Winters’ Estate claimed via its executrix Ms. Newell that the Estate was the owner of certain real property. Two companies, via their trustee, A.R. Salman, filed a quiet title action against same real property that was claimed by the Winters Estate. In its opposition, the Estate argued that the Complaint must be dismissed because Mr. Salman, a non-lawyer, could not represent the corporations. In the companies’ replies, Ms. Salman stated that the companies were … [Read more...]
Upcoming Changes To Federal Rule Regarding Expert Testimony Are Truly Consequential
September 15, 2023 by
As of December 1, 2023, FRE 702 will change. The new rule, with redline changes is as follows: A witness who is qualified as an expert by knowledge, skill, experience, training or education may testify in the form of an opinion or otherwise if the proponent has demonstrated by a preponderance of the evidence that: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is … [Read more...]
Court Annexed Arbitration vs. Court Annexed Mediation
August 29, 2023 by
Civil practitioners in Clark and Washoe counties are familiar with the Nevada Mandatory Court Annexed Arbitration Program. We know that unless exempt, cases of a value of $50,000 or less are required to go through the mandatory arbitration program before they can proceed to a trial. Nev. Arb. R. 1. The idea behind the program is to provide a simplified procedure for obtaining a prompt and equitable resolution of certain civil matters. Nev. Arb. R. 2. But did you know that there is an … [Read more...]
