The Advisory Board of the LexisNexis Insurance Law Community has selected Mills & Associates' Nevada Insurance Law as one of the nation’s Top Insurance Law Blogs for 2011. The Advisory Board described what it saw in the winning blogs. The Top Blogs contain some of the best writing out there on insurance law. They contain a wealth of information for the insurance law community with timely news items, practical information, expert analysis, practice tips, frequent postings, and helpful … [Read more...]
Archives for 2011
Revisiting The Policy Of Adjudication Of Disputes On The Merits Under The “Moon” Case: Turning A New Leaf Or Making An Exception?
November 16, 2011 by
Nevada courts regularly say that they favor adjudication of disputes on the merits of the claim and not some resolution based on a technical failure by a party or his/her attorney. See Young v. Johnny Ribeiro Building,.106 Nev. 88, 92, 787 P.2d 777 (1990). While there are a few exceptions to that general rule [click HERE], this policy of adjudication on the merits gives most claimants the opportunity to pursue almost any potentially viable cause of action all the way to trial. This … [Read more...]
Are Motions In Limine Even Worth The Trouble?
November 10, 2011 by
Trying a case is an expensive proposition. The attorneys need to prepare the evidence, the arguments and the examinations. Clients see any opportunity to economize on the trial prep side as a positive. In the past, attorneys have made it a practice to file pre-trial motions in limine. Motions in limine are heard with the hope that the judge will make early evidentiary rulings and thereby speed up the trial. However, the Nevada Supreme Court case of BMW v. Roth, 127 Nev. Adv. Op. 11 (2011) … [Read more...]
Mills & Associates Joins Tida To Give Back To The Las Vegas Community
November 4, 2011 by
Mills & Associates maintains active membership in the Trucking Industry Defense Association, also known as TIDA. TIDA, which was founded in 1993, is a non profit association whose members share knowledge and resources in defense of the trucking industry. TIDA members include motor carriers, trucking insurers, defense attorneys and claims servicing companies. This year, the TIDA held its 19th Annual Industry Seminar in Las Vegas, Nevada from October 12, 2011 through October14, 2011. … [Read more...]
The Burden On Apportionment Of Damages Shifts To The Defendant Where Two Separate Accidents Cause An Inseparable Injury
October 12, 2011 by
The Plaintiff usually has the burden to prove that the Defendant was negligent and that the Defendant’s negligence caused him injury. However, in cases where two accidents happen so close together that one cannot tell which accident caused which injury, what is a Plaintiff to do? This was the question posed to the Nevada Supreme Court in the case of Kleitz v. Raskin, 103 Nev. 325, 728 P.2d 508 (1987). In Kleitz, the Plaintiff sustained injury in two successive automobile accidents, one … [Read more...]
