It’s bound to happen eventually. A lawsuit gets filed. The insured is served with a summons and complaint. But rather than notifying the carrier, the insured defendant does NOTHING. Under Nevada law, if a defendant does not file an appearance within 20 days after service, the non-answering defendant is in default. See N.R.C.P. 12(a)(1). Fortunately all is not lost. Defaults are governed by N.R.C.P. 55 which reads: RULE 55. DEFAULT (a) Entry. When a party against whom a judgment … [Read more...]
Archives for 2009
The Five-Year Rule: Mandatory Dismissal If Case Not Brought To Trial Within Five Years
November 12, 2009 by
Under Nevada Rule of Civil Procedure 41(e), the court is obliged to dismiss any suit that is not brought to trial within five years. The Rule states: (e) Want of Prosecution. The court may in its discretion dismiss any action for want of prosecution on motion of any party or on the court's own motion and after due notice to the parties, whenever plaintiff has failed for 2 years after action is filed to bring such action to trial. Any action heretofore or hereafter commenced shall be … [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...]
May I Cut In? Intervening In Nevada
November 4, 2009 by
There are times when an insurance company may find it necessary to jump into the fray. If a lawsuit is ongoing and the insurance company is not party to that suit, the carrier can try to intervene in the suit that’s already filed, rather than rather than file a separate action. Intervention is allowed under Rule 24 of the Nevada Rules of Civil Procedure and under N.R.S. 12.130. Intervention may be appropriate in several situations. A common situation is where an injured Plaintiff sues an … [Read more...]
One Of The Parties To A Lawsuit Files Bankruptcy. Now What?
October 5, 2009 by
In this turbulent economy, more and more businesses and individuals are filing for bankruptcy protection. When a bankruptcy is filed, what happens where the debtor is either a Plaintiff or Defendant in litigation? This post will try to answer those questions. When a Plaintiff or a Defendant files bankruptcy, the federal bankruptcy law imposes an “automatic stay”. The automatic stay stops all litigation activity of the debtor. The stay is triggered by the filing of the bankruptcy … [Read more...]
