Strategies, Challenges, and Answers

Archives for 2013

Mike Mills Seeks Amicus Curiae Status For His Client TIDA Before The U.S. Supreme Court

In January 2013, Nevada Trucking Law reported that the Trucking Industry Defense Association retained Mike Mills to represent it before the Nevada Supreme Court.  TIDA, whose members are made up of motor carriers, transportation insurance companies and the attorneys that represent them, needed to raise its voice regarding issues related to the “Carmack Amendment” that were before that court.  For more information on the facts of the case, click HERE. Ultimately, the Nevada Supreme Court … [Read more...]

A Workers’ Compensation Subrogation Lien Extends To A Nevada Injured Worker’s “Total Recovery” From The Third-Party Tortfeasor.

John Breen worked as a banquet chef at Caesars Palace.  He was refueling a portable stove.  It exploded causing him serious burns.  He died two days later. However, Mr. Breen's family believed that he hadn't died from the burns.  Rather they felt that medical malpractice killed him.  They sued the doctors who treated Mr. Breen before his death.  The family recovered a $1,000,000 medical malpractice settlement. Enter stage left . . . Mr. Breen’s employer . . . Caesars . . .  with its hand … [Read more...]

The State Bar Of Nevada And Many Of Its Members Support The Creation Of A Court Of Appeals

In its most recent session, the Nevada Legislature unanimously passed a resolution calling for the creation of a new Nevada Court of Appeals.  The voters will ultimately decide whether this new court will get off the ground.  Nevada voters will find the proposed initiative on their November 2014 ballots. The Nevada Law Blogs have already spoken In Favor of the creation of this new court.  The Blogs pointed out that the appellate process is bogged down because of the numbers of cases the … [Read more...]

Nevada Desperately Needs A Court Of Appeals

In April 2012, Jeremiah Eskew-Shahan tried to give the family dog Onion a kiss good night.  He stumbled onto the dog.  Onion instinctively grabbed the little boy.  Immediate intervention by the family was not enough to save Jermiah from the dog’s unprecedented response.  Jeremiah died. The City of Henderson wanted to immediately euthanize the dog claiming that the six-year-old Mastif-Rhodesian mix was a danger to the community.  The Lexus Project, a dog rescue organization, intervened.  The … [Read more...]

Loss Or Destruction Of Critical Evidence: An Overview Of Nevada Cases

We previously highlighted the importance of preserving critical evidence and the Nevada Supreme Court case of Fire Insurance Exchange v. Zenith Radio Corp. 103 Nev. 648, 747 P.2d 911 (1987) HERE.  The Nevada Supreme Court has addressed the issue of loss of important evidence in a number of other cases.  Let’s discuss a few. In the case of Stubli v. Big D Int’l Truckers, Inc. 107 Nev. 309, 810 P.2d 785 (1991), the owner of a big rig sued the manufacturer and repair shop for damages caused to … [Read more...]