The Nevada Law Blogs has treated the question of Approval of Compromise of Minor’s Claim a few times over the years. For a little background, see HERE and HERE. The question today is what authority does the Court have when it comes to approving Petitions for Approval of Compromise of Minor’s Claims pursuant to NRS 41.200? The answer is found in the case of Haley v. Eighth Judicial Dist. Court of Nev., 128 Nev. 171, 273 P.3d 855, 2012 Nev. LEXIS 31, 128 Nev. Adv. Rep. 16, 2012 WL … [Read more...]
The Nevada Supreme Court Approves The District Court’s Unilateral Reduction Of The Attorney’s Share In A Proposed Minor’s Settlement
Damages For Future Medical Care Based On Subjective Injuries Requires Expert Support
John Lanza was hurt in a motor vehicle accident. He settled with the underlying tortfeasor and brought suit against his UIM carrier Progressive Direct. One issue was whether he would be allowed to claim future damages based upon headaches, neck pain and back pain. He wanted to recover for the future care he received. He said that he would have future pain and suffering. He also claimed that he would lose income based upon time lost at work while seeking that future care. When … [Read more...]
Upcoming Changes To Federal Rule Regarding Expert Testimony Are Truly Consequential
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...]
Court Annexed Arbitration vs. Court Annexed Mediation
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...]