WHEN SERVING AN OFFER OF JUDGMENT, TIMING AND FORM ARE EVERYTHING In Part I of this Post, I discussed an Offer of Judgment strategy and detailed the advantages of serving a defense Offer of Judgment in every civil case. An obvious advantage of serving an Offer of Judgment is that if the opponent accepts the offer, you have put an end to the case. The less obvious advantage is that if the Offer expires without having been accepted, you have placed your opponent at risk of having to pay your … [Read more...]
A Fee Shifting Strategy For Nevada’s District Courts: Part 3
July 24, 2008 by
AN OFFER OF JUDGMENT SUCCESS STORY Over the course of the last few years, several Mills & Associates Newsletters have been devoted to the strategy of serving Offers of Judgment in defense litigation cases. An exceptionally good example of how this Offer of Judgment strategy can make a difference presented itself in a wrongful death case that this office recently settled. With the permission of the insurance carrier and the clients, please allow me to describe the circumstances related to … [Read more...]
Attorney’s Fees & Costs
January 15, 2008 by
Costs are almost universally allowed to the prevailing party. N.R.S. 18.005. Attorney's fees: Nevada follows the "American Rule" which is that each pays his own attorney's fees unless another statute of rule provides for the recovery of Attorney's fees. Statutes and rules that provide for recovery of attorney's fees are more common for Plaintiffs than Defendants. In District Court: Under the right circumstances in District Court, Defendants can potentially recover their costs and … [Read more...]
