During these economically troubled times, this office is seeing an upswing in cases that we defend where our opponent is an insurance company seeking subrogation. In the past, these defense cases were few and far between. With intercompany arbitrations resolving many of these disputes, it appears to us that where such agreements are not controlling, more and more carriers are opting to file small property damage claims that previously may have just gone uncollected. In addition, we have … [Read more...]
Every Case Is Different
May 10, 2010 by
In an earlier post HERE, we described some of the things an attorney must consider in deciding whether a case filed in state court must or should be removed to federal court. Having just completed a trial in federal court I wanted to give my impressions about that experience. Unlike most of my recent trials, in this particular case, I represented an insurance carrier seeking subrogation recovery of a worker’s compensation payout. My client was a Plaintiff-Intervenor, working in conjunction … [Read more...]
The Walls Of Nevada’s Dram Shop Wonderland Castle Withstand Assault
November 11, 2009 by
In our previous blog post, Dram Shop Wonderland, we addressed attempts that have been made over the years by Nevada lawyers to impose liability on bar, tavern and hotel owners for injuries and damages caused by their inebriated guests. We noted that despite compelling circumstances, the courts have not imposed liability. The court’s argument has been that if dram shop liability is to be imposed, it must be done by the Nevada legislature. It has been 13 years since the last attempt to … [Read more...]
Vehicle’s Registered Owner Not Always The Legal Owner For Liability Purposes
July 23, 2009 by
Under the right set of facts, the owner of a car can be liable for the driver’s actions. CLICK HERE. So you ask, just who is the “owner” of a vehicle in Nevada for liability purposes? This precise issue was raised in the Nevada Supreme Court case of Barr v. Gaines, 103 Nev. 548, 746 P.2d 634 (1987). In Barr, an injured motorist brought suit against the father of the driver of a car, arguing that, as the registered owner of the car, the father was vicariously liable. The father argued … [Read more...]
Links to Related Blog Posts
April 6, 2009 by
Recently on the Mills and Associates Nevada Trucking Law Blog, we posted the following 3 items of interest to readers of this blog. For your convenience... Service of Process Through DMV: Common errors made by Plaintiff's counsel An Expert is an Expert?: Clarifying expertise, credentials and qualifications Peremptory Challenge: When to consider and how to request a different judge Negligent Hiring: Viable cause of Action in Nevada? Respondeat Superior: Vicarious liability … [Read more...]
