A Nevada Law Blog post recently compared an iconic wild-west film showdown to an upcoming showdown at the Nevada Supreme Court. The showdown decide whether the Court will impose Cumis-type obligations on Nevada insurance companies where an assigned defense panel counsel faces an irreconcilable conflict between the interests of the insurance company and those of the policyholder. An order just issued by the U.S. District Court, District of Nevada shows that this high noon showdown about legal … [Read more...]
Is A Nevada Insurance Company Obligated To Provide Its Policyholder With A Conflict-Free Defense? Nevada and Cumis
November 19, 2013 by
Like a classic American western, the stage is set for a showdown. If this were a movie, the overhead sun would reflect off the lawman’s brightly polished star. The gunslinger would strap on his belt and tie the holster to his thigh. You would see mothers rushing their children inside, as the clock ticks closer to noon. People in the saloon would be placing their bets on who would win this upcoming confrontation. However this battle isn’t one of gunpowder and bullets. Instead it is one of … [Read more...]
Mike Mills Seeks Amicus Curiae Status For His Client TIDA Before The U.S. Supreme Court
October 15, 2013 by
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.
October 9, 2013 by
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
September 17, 2013 by
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...]
