Strategies, Challenges, and Answers

Archives for August 2008

Must / Can / Should This Case Be Removed To Federal Court?

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...]

Mills & Associates Capitalizes On High Tech Opportunities At Las Vegas’ Regional Justice Center

Nestled between the dazzling lights of downtown Las Vegas’s Fremont Street Experience and the spectacular multi-million dollar casinos located on Las Vegas Boulevard, i.e., “The Strip” lies our new and technologically advanced courthouse: the Regional Justice Center. Our Regional Justice Center houses four different court systems, formerly housed separately - the Eighth Judicial District Court, Las Vegas Township Justice Court, Las Vegas Municipal Court and the Nevada Supreme Court. The Regional … [Read more...]

A Fee Shifting Strategy For Nevada’s District Court: Part 1

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...]

A Fee Shifting Strategy For Nevada’s District Courts: Part 2

WHEN SERVING AN OFFER OF JUDGMENT, TIMING AND FORM ARE EVERYTHING In Part I of this Post, I discussed an Offer of Judgment strategy and detailed the advantages of serving a defense Offer of Judgment in every civil case. An obvious advantage of serving an Offer of Judgment is that if the opponent accepts the offer, you have put an end to the case.  The less obvious advantage is that if the Offer expires without having been accepted, you have placed your opponent at risk of having to pay your … [Read more...]