Strategies, Challenges, and Answers

Archives for January 2010

Dram Shop Wonderland Castle Withstands Surprise Attack

Previous blogs have discussed the long standing rule in Nevada that a proprietor’s sale of alcohol is not the proximate cause of injury to either the consumer or a victim of the consumer of the beverage.The most recent case that was discussed was Rodriguez v. Primmadonna Co., 125 Nev. Adv. Op. 45 (2009), discussed HERE.  That case involved inebriated casino patrons who had been kicked out of a casino, with the casino’s knowledge that they would be departing in a vehicle.  An ensuing accident … [Read more...]

Nevada’s Mandatory Court-Annexed Arbitration Program Survives Constitiutional Challenge

In the recent Nevada Supreme Court opinion of Zamora v. Price, 125 Nev. Adv. Op. 32, 213 P.3d 490 (2009), two aspects of Nevada’s Mandatory Court Annexed Arbitration Program survived constitutional challenge.Nevada’s Mandatory Court-Annexed Arbitration Program, as set out in NRS 38.250, has been controversial from the outset.  As regular readers of this blog are aware, the Arbitration Program requires that almost all claims valued at $50,000 or less must be arbitrated prior to going to … [Read more...]