Strategies, Challenges, and Answers

What Happens If You Split Causes of Action?

Nevada follows the rule that a Plaintiff may not file two separate suits arising from the same set of facts.  The consequence of trying to split causes of action is that if requirements of the rule are satisfied, the second suit will be dismissed.   The Nevada Supreme Court said: As a general proposition, a single cause of action may not be split and separate actions maintained. Reno Club v. Harrah Et Al., 70 Nev. 125, 260 P.2d 304 (1953). The wrongful act of the defendant creates the … [Read more...]

Issue Preclusion Prevents Heir From Relitigating Issue Wrongful Death Case

Sarah Alcantara’s dad died following an assault in a Wal-Mart parking lot. Sarah was a minor.  Sarah’s mom hired an attorney to recover from Wal-Mart.  The attorney filed suit for the wrongful death of Sarah’s dad. NRS 41.085 provides that intestate heirs can recover for wrongful death and recover for their grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent. NRS 41.085(4).  Sarah was … [Read more...]