Strategies, Challenges, and Answers

Archives for July 2008

A Fee Shifting Strategy For Nevada’s District Courts: Part 3

AN OFFER OF JUDGMENT SUCCESS STORY Over the course of the last few years, several Mills & Associates Newsletters have been devoted to the strategy of serving Offers of Judgment in defense litigation cases.  An exceptionally good example of how this Offer of Judgment strategy can make a difference presented itself in a wrongful death case that this office recently settled.  With the permission of the insurance carrier and the clients, please allow me to describe the circumstances related to … [Read more...]

New Jurisdictional Limits In Nevada’s Courts

In 2005, the monetary jurisdictional limits of the Justice Courts were increased.  Many civil cases that were previously heard in District Court will now fall under the jurisdictional umbrella of the Justice Court.  This change may provide strategic opportunities that have not previously been available.  Let’s take a look. I.  The Jurisdictional Limit For Civil Cases In Justice Court Was Raised From $7,500 to $10,000 Nevada has three different levels of court that have jurisdiction over … [Read more...]

Damages 102 (General Damages)

The easiest way to define “general damages” is to say that they are not “special damages”.  Special damages are the monetary award to reimburse the plaintiff for a loss or expense that can be readily valued, i.e. the cost of medical bills or the costs to repair damage to property.  See the prior post, Damages 101 (Compensatory Damages) for more information on special damages.   On the other hand, “general damages” are those damages that by their nature can have no intrinsic monetary value, i.e. … [Read more...]

Damages 101 (Special Damages)

There are many types of damages.  You probably know some of these types by name: general damages; special damages; consequential damages; exemplary or punitive damages; liquidated damages; nominal damages; statutory damages; and treble damages. Each type of damage has own elements, scope and complexity. However, the type of damages that most people think about where civil lawsuits are involved is compensatory damages in the form of money.  The basic purpose behind these monetary damages is to … [Read more...]