Mr. Bush was catastrophically injured when eye bolts on a large electrical control cabinet failed as the cabinet was being lifted by crane onto a Haulpak mining truck. The cabinet hit Mr. Bush in the head causing him permanent brain injuries and rendering him totally incapacitated. The jury found the manufacturer of the cabinet liable on a “failure to warn” theory. See Ginnis v. Mapes Hotel Corp., 86 Nev. 408, 470 P.2d 135 (1970). The argument was that General Electric should have given … [Read more...]
An Examination Under Oath Is A Particularly Useful Investigation Tool Where “Fraud Indicators” Are Present. Here Is Why . . .
June 6, 2011 by
Almost all insurance policies give the carrier a right to conduct an Examination Under Oath (EUO) of the insured. However, an EUO is a tool that is less often used. That is because recorded statements are usually enough to get the carrier the information that it needs to address a particular claim. In addition, EUOs are more expensive because the carrier has to hire a court reporter and often a lawyer to conduct the examination. With all of the preparation involved, EUOs will take more time, … [Read more...]
Celebrate Law Day 2011
May 1, 2011 by
Gerald Ford said “Our constitution works. Our great republic is a government of laws, not of men.” Andrew Jackson said “The great can protect themselves, but the poor and humble require the arm and shield of the law. “ Republican or Democrat, all acknowledge that the USA is a nation of laws. In these times of political unrest it is important to remember this country is founded on the rule of law. During the cold war the USSR celebrated May 1 with parades emphasizing military might, and … [Read more...]
My Insured Crashed A Rental Car In Vegas. Who Can Answer My Coverage Questions?
April 26, 2011 by
Apparently, people aren’t following the advice of the politicians. Las Vegas visitors are still arriving despite warnings of unprecedented economic upheaval that will occur when people “blow their money” in Vegas. During the first quarter of 2011, McCarran International Airport reported that 4.5 million people got off of a plane in Vegas. See http://www.mccarran.com/04_04_stats_01.aspx. These stats don’t even try to account for the number of visitors arriving by car. Anyone driving from Las … [Read more...]
Computation Of Damages
March 29, 2011 by
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...]
