Strategies, Challenges, and Answers

Archives for November 2008

Now Where Are You Going?

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...]

Credentialing A Biomechanical Expert In Nevada

In the recent case of Hallmark v. Eldridge, 124 Nev. 492, 189 P.3d 646 (2008), the Nevada Supreme Court addressed the admissibility of expert witnesses in general and biomechanical experts in particular.  In its July 24, 2008 opinion, the Supreme Court did not create an outright exclusion of all biomechanical expert testimony.  However, a firm foundation must be laid must before biomechanical testimony can be admitted.  The standard for determining whether an expert can be used is found in … [Read more...]