A previous M&A blog post HERE discussed the ramifications of a bankruptcy filing on civil litigation by a Plaintiff or Defendant. In that post we learned that where a sole Defendant files bankruptcy, the entire case comes to a stop due to the automatic stay imposed by bankruptcy law. See 11 U.S.C. 362(a)(1). However, what happens when the insured defendant files bankruptcy, but is only one of several defendants? In the case of multiple Defendants, the underlying litigation is not … [Read more...]
Can’t Keep A Good Offer Of Judgment Down.
April 6, 2010 by
Anyone familiar with our blog knows that Mills & Associates is a proponent of the Nevada Offer of Judgment rules. Recently the Nevada Supreme Court provided yet another reason why Offers are worth making. In Re Estate of Miller, 125 Nev. Adv. Op. 42, 216 P.3d 239 (September 9, 2009). Miller involved a will contest in which the Defendant made Offers of Judgment to the Plaintiffs. At trial the Plaintiffs prevailed and the Defendant appealed. On appeal the Nevada Supreme Court reversed … [Read more...]
The Walls Of Nevada’s Dram Shop Wonderland Castle Withstand Assault
November 11, 2009 by
In our previous blog post, Dram Shop Wonderland, we addressed attempts that have been made over the years by Nevada lawyers to impose liability on bar, tavern and hotel owners for injuries and damages caused by their inebriated guests. We noted that despite compelling circumstances, the courts have not imposed liability. The court’s argument has been that if dram shop liability is to be imposed, it must be done by the Nevada legislature. It has been 13 years since the last attempt to … [Read more...]
Dram Shop Wonderland
February 6, 2009 by
Once upon a time in a land far, far away the courts refused to legislate from the bench. That place was called Dram Shop Wonderland. The story goes like this: In that day, there were dram shop owners and innkeepers who served their guests beverages known to cause inebriation. The guests would leave the place in a less than sober state and caused mischief in the town, including damage and injury. The victims of the mischief made appeals to the courts and the courts ordered the guests … [Read more...]
