Nevada’s Rule of Civil Procedure 16.1(a)(1)(C) and Federal Rule of Civil Procedure 26(a)(1)(A)(iii) require the claimant to serve a “computation of any category of damages claimed by the disclosing party”. This Computation of Damages is supposed to be served with the initial disclosures and must be provided “without awaiting a discovery request.” In the case of Design Strategy, Inc. v. Davis, 469 F3d 284 (2d Cir. 2006), the court had to decide whether a Plaintiff, who had failed to disclose … [Read more...]
Short Stack ? ? ?
March 1, 2011 by
No we're not talking about pancakes. Instead, we are talking about when and how cases filed in the Eighth Judicial District Court, Clark County Nevada make it to trial. Please allow me to explain. Most of the counties in Nevada don’t have a problem getting cases to trial. Normally, in those counties, when a trial is set, that is the date that the trial proceeds. Clark County, the county in which Las Vegas is located, is the exception to the rule. The population boom in Clark County … [Read more...]
Shielding Rental Car Companies From Negligent Entrustment Actions: How Much Is Enough?
February 21, 2011 by
In a city that thrives on tourists, Las Vegas’ rental car companies cater to both national and international clientele. The more rental car drivers that are on the streets, the more likely it is that some of these will cause accidents and injuries. Keeping that in mind, Plaintiffs’ attorneys often choose to target defendants based on availability rather than liability. In other words, Plaintiffs’ attorneys will sue not only the rental car driver, but they will also sue the rental car company … [Read more...]
The Futility Of Summary Disposition Of Cases In Clark County, Nevada
November 15, 2010 by
“Why Should I Even Try?” I don’t know how many times during my first meeting with the client, I have heard recitations about how unjust it is that the client has to defend against facially unsupportable allegations. “Why don’t you just file a Motion and get us out of this case?” they ask. My answer has always been “If only it were that easy!” When giving that answer, I wasn’t trying to be inconsiderate. I was just passing on to the client what I had learned by experience; in Nevada State … [Read more...]
What Constitutes A Sudden Emergency?
September 14, 2010 by
It happens, you are driving down the street and suddenly a dog, or child darts out in front of your vehicle, you slam on the brakes, or swerve, and BAM, you’ve hit something or worse someone. Or you were able to stop in time, but the car behind didn’t, and BAM, hit from behind. Or the car in front of you suddenly stopped and you struck it. Whether or not you were at fault in any of the above scenarios may depend on whether or not your conduct qualifies under the Sudden Emergency Doctrine. … [Read more...]
