Readers of the Nevada Trucking Law Blog know that Nevada Supreme Court has yet to decide whether claims of negligent hiring, training, supervision or retention can survive once an employer has admitted its employee driver was in the course and scope of his/her employment. The rule stated in McHaffie v. Bunch, 891 S.W.2d 822, 826 (Mo.1995) is that such claims must be dismissed in cases where the employer admits the driver’s employment and course and scope. The Nevada Trucking Law Blog has … [Read more...]
Archives for 2017
Not Everyone Agrees That Nevada Will Follow Majority Rule Dismissing Negligent Entrustment / Supervision / Training Where Motor Carrier Admits Course And Scope
December 4, 2017 by
The Nevada Court of Appeals Follows a Push-Down Model
October 23, 2017 by
At the time that the Nevada Law Blogs last treated the Nevada Court System, there was no Nevada Court of Appeals. Since then, things have changed. So how about an update regarding appeals in Nevada. In 2014, the Nevada voters approved the creation of the Nevada Court of Appeals. The Nevada Court of Appeals is subordinate to the Nevada Supreme Court. But this new court would follow a “push down” or “deflective” model. Since 2014, many people still do not understand what this means or how this … [Read more...]
Las Vegas…Thoughts and Prayers
October 3, 2017 by
All of us at BLWM appreciate those around the country who are praying for us in Las Vegas. We are grateful for all the support and concern. The caring emails, texts, and phone calls are too numerous to count. I am thankful that my family was not directly affected by the events in town on Sunday. We have been mobilizing to help. So many people have been giving blood that the system is overwhelmed. They have had to bring in new blood trucks from California and Utah. We are glad to have such … [Read more...]
BLWM attends LVDL Summer Event at TopGolf Las Vegas
September 6, 2017 by
Aileen Cohen and Mike Mills of BLWM attended the Las Vegas Defense Lawyer’s Summer Event at TopGolf Las Vegas. Many of the judges and justices from across the state attended. The Event was successful in big part based because of the contributions of many great LVDL’s sponsors but also because of the all of the members who attended. If you have questions about defense, coverage or trucking in Nevada, don’t hesitate to contact Mike Mills or Aileen Cohen at Bauman, Loewe, Witt & Maxwell … [Read more...]
An Insured Can Seek A Broad Range Of Damages If An Insurer Wrongfully Fails To Defend
July 6, 2017 by
In Nevada, if an insurance company breaches its duty to defend, it can expect to face a wide array of possible damages If the insured takes up its own defense, the insurer can expect to pay the reasonable costs incurred by the insurer in the defense of the underlying action. Jaynes Corp. v. Am. Safety Indem. Co., 925 F. Supp. 2d 1095, 1111 (D. Nev. 2012) vacated due to settlement, No. 2:10-CV-00764-MMD, 2014 WL 8735102 (D. Nev. Dec. 3, 2014); see also Reyburn Lawn & Landscape Designers … [Read more...]
