As of December 1, 2023, FRE 702 will change. The new rule, with redline changes is as follows: A witness who is qualified as an expert by knowledge, skill, experience, training or education may testify in the form of an opinion or otherwise if the proponent has demonstrated by a preponderance of the evidence that: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is … [Read more...]
Upcoming Changes To Federal Rule Regarding Expert Testimony Are Truly Consequential
September 15, 2023 by
Court Annexed Arbitration vs. Court Annexed Mediation
August 29, 2023 by
Civil practitioners in Clark and Washoe counties are familiar with the Nevada Mandatory Court Annexed Arbitration Program. We know that unless exempt, cases of a value of $50,000 or less are required to go through the mandatory arbitration program before they can proceed to a trial. Nev. Arb. R. 1. The idea behind the program is to provide a simplified procedure for obtaining a prompt and equitable resolution of certain civil matters. Nev. Arb. R. 2. But did you know that there is an … [Read more...]
If The Truck Is Big, Is More Insurance Required?
August 14, 2023 by
Las Vegas is a popular convention destination. The largest convention venue in town is the Las Vegas Convention Center, which touts over 4.6 million square feet of convention space. Event planning professionals keep busy, helping their clients set up, present and then take down the displays that fill these convention spaces. One such event planning organization is CCR Solutions. CCR Solutions advertises on its website that it is a leader within the Audio Visual Staging Industry. CCR … [Read more...]
What Is An “Occurrence”?
August 10, 2023 by
In the case of Bish v. Guaranty Nat’l Ins. Co., 109 Nev. 133; 848 P.2d 1057; 1993 Nev. LEXIS 26, the Nevada Supreme Court examined the question of what is an “occurrence”. The facts are these. Four-year-old Christina Rose was playing on the sidewalk near the driveway of the neighbor, Ms. Alderson. At that moment, Ms. Alderson chose to back her vehicle out of the drive. Ms. Alderson accidently backed over the child. A neighbor saw the accident and screamed. Ms. Alderson put her vehicle … [Read more...]
To What Extent Can An Insurance Company Rescind Coverage On A Nevada Auto Policy?
July 28, 2023 by
Regular readers of this blog may want to jump in and immediately answer that an insurance company cannot rescind auto coverage post-accident. We learned that principle in the blog post HERE about Torres v. Nev. Direct Ins. Co., 131 Nev. 531, 353 P.3d 1203, 2015 Nev. LEXIS 61 (2015). That is because Nevada's Financial Responsibility Law , NRS 485.3091 imposes compulsory coverage after the accident has happened. In the Torres case, the court ruled that the breach of the insured’s duty to … [Read more...]
