One year ago, the Nevada Law Blogs wondered why a Plaintiff had been allowed to have his cake and eat it too. That Earlier Post told the story of a Plaintiff whose medical providers treated him on liens. However, before the trial, those same medical providers sold their liens to litigation lenders at a discount.When the defense tried to introduce the amount that the litigation lender paid the medical provider in exchange for the liens, the judge refused, indicating that the amount accepted … [Read more...]
The Attorney And The Hospital Have Competing Liens. How Can The Company Safely Settle?
August 4, 2016
You are familiar with this scenario.The claimant is willing to sign a release in exchange for your insured’s policy limit. However, the claimant, the attorney and the hospital, all legitimate lienholders, can’t agree on how to divide up the money. Sometimes there is just not enough money to go around.It seems like a no win situation.If the insurance company pays the settlement proceeds to the attorney without protecting the hospital lien, the hospital could pursue the insurance … [Read more...]
The Nevada Supreme Court Reverses Summary Judgment In Favor Of Driver Who Strikes Pedestrian Crossing Outside Of Crosswalk.
August 1, 2016
Pedestrian Anderson was walking across the street when driver Baltrusaitis accidentally hit him with his car. Anderson and Baltrusaitis were the only witnesses to the accident. Pedestrian Anderson’s injuries were so serious that he was unable to communicate about the accident.Perhaps that is why there was no evidence to contradict the evidence favorable to the driver. The Traffic Accident Report, the deposition testimony of driver Baltrusaitis and his accident reconstruction expert’s … [Read more...]
What Changes Do You Expect When Nevada Justice Court Jurisdiction Increases From $10,000 To $15,000 In January 2017?
June 23, 2016
The 2015 Nevada Legislature increased the state courts’ jurisdictional limits. Assembly Bill 66 saw the jurisdictional limit in small claims increase from $7,500 to $10,000. That change took effect on October 1, 2015. NRS 73.010.The same bill increased the jurisdictional limit of Nevada’s Justice of the Peace courts. Since 2003, the jurisdictional limit had been set $10,000. Assembly Bill 66 increased the jurisdictional limit to $15,000. NRS 4.370 (1). These changes take effect on … [Read more...]
A Tale of Two Lawsuits.
June 1, 2016
It was the best of times for Nevada Direct Insurance Company. It was the worst of times for injured parties Michael and Sharon Smith.You see, the Smiths were hurt in an auto accident with a Nevada Direct policyholder Kuperman. Nevada Direct tried unsuccessfully to enlist Kuperman's cooperation in dealing with the Smiths’ claim. When Kuperman failed to cooperate, Nevada Direct filed a declaratory relief action against Kuperman, the Smiths and another injured party, Ms. Fields claiming the … [Read more...]
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