Strategies, Challenges, and Answers

Parents Are Statutorily Liable For Damages Willfully Caused By Their Minor Children Up To $10,000, But Are Those Damages Covered?

PARENTS ARE STATUTORILY LIABLE

As a practice, when a minor causes damage or injury, the plaintiff will name as defendants both the minor and the parents.  There are a variety of theories under which the parents can be held liable for the minor’s acts.  See HERE for example.  If … [Continue reading]

Replacement Value Not ACV Is The Proper Measure Of Damages In A Homeowner’s Theft Claim Where Policy Provides For Same

Victor and Arlene Havas took issue with the way their homeowner’s insurance company, Atlantic Insurance Company valued the property that they lost because of a theft at their home.  Mr. & Mrs. Havas submitted their claim to the insurance company … [Continue reading]

Paper Experts

When Nevada courts decide whether an expert witness will be allowed to testify, they do not look to the rules set by the U.S. Supreme Court in Daubert v. Merrell Dow Pharm., Inc, 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993).  See, Dow Chem. … [Continue reading]

Will The Howell Doctrine Come To Nevada?

In an earlier post HERE we reported that in Howell v. Hamilton Meats & Provisions, Inc., the California Supreme Court faced the question of what was the appropriate amount of an injured plaintiff’s recovery.  Should plaintiff recover the amount … [Continue reading]

The Time Clock On Statutes Of Limitation For Contribution And Indemnity Claims Does Not Start Running Until After Judgment Is Entered

Nevada law provides generally that a negligent defendant should pay only that share the of damage that he or she caused. That legal concept, known as several liability, is codified in NRS 41.141. However, the Nevada Supreme Court has interpreted that … [Continue reading]