In an earlier post HERE, we described some of the things an attorney must consider in deciding whether a case filed in state court must or should be removed to federal court. Having just completed a trial in federal court I wanted to give my impressions about that experience. Unlike most of my recent trials, in this particular case, I represented an insurance carrier seeking subrogation recovery of a worker’s compensation payout. My client was a Plaintiff-Intervenor, working in conjunction … [Read more...]
Archives for 2010
Can’t Keep A Good Offer Of Judgment Down.
April 6, 2010 by
Anyone familiar with our blog knows that Mills & Associates is a proponent of the Nevada Offer of Judgment rules. Recently the Nevada Supreme Court provided yet another reason why Offers are worth making. In Re Estate of Miller, 125 Nev. Adv. Op. 42, 216 P.3d 239 (September 9, 2009). Miller involved a will contest in which the Defendant made Offers of Judgment to the Plaintiffs. At trial the Plaintiffs prevailed and the Defendant appealed. On appeal the Nevada Supreme Court reversed … [Read more...]
Where A Criminal Conviction Creates Liability, The Defense Of Comparative Fault Is Still Available
March 18, 2010 by
In the 2005 decision of Langdon v. Matamoros, the Nevada Supreme Court said that a conviction on a misdemeanor traffic ticket is not enough to create per se civil liability under N.R.S. 41.133. See our treatment of this case by clicking HERE. But left undecided was question of the scope of liability under N.R.S. 41.133 when the statute was actually triggered. That question was answered in the recent case of Cromer v. Wilson, 126 Nev. Adv. Op. 11 (March 11, 2010). In Cromer, the Defendant had … [Read more...]
Conviction Of A Misdemeanor Traffic Offense Insufficient To Trigger N.R.S. 41.133
March 10, 2010 by
N.R.S. 41.133 imposes liability as a matter of law where the Defendant has been convicted of a crime. The statute reads: NRS 41.133 Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury. If an offender has been convicted of the crime which resulted in the injury to the victim, the judgment of conviction is conclusive evidence of all facts necessary to impose civil liability for the injury. In the case of Langon v. Matamoros, 121 Nev. … [Read more...]
Defendants, Beware The “Super Lien”!
February 11, 2010 by
In days past, settlement of a claim was a straightforward affair. The claimant signed a release of all claims and the defendant paid the agreed upon amount. Over time, the settlement process became more complicated. Claimants would sign agreements with medical providers that deferred payment for the treatment rendered, so long as the claimant would pay the provider out of the settlement proceeds. But normally, the complications created by these liens were problems to be dealt with by the … [Read more...]
