Strategies, Challenges, and Answers

The Graves Amendment Eliminates Vicarious Liability Of Motor Vehicle Rental Companies . . . Mostly?

This article was originally published in the October 2016 issue of COMMUNIQUÉ, the official publication of the Clark County Bar Association.”

Many lawyers are unfamiliar with the 2005 Graves Amendment, 49 U.S.C. § 30106(a). This federal law eliminates vicarious liability claims against vehicle rental companies based exclusively on a company’s status as the owner of the vehicle. Most direct challenges to the law have failed. But practitioners have found ways around effects of the law and may use those same methods to overcome Nevada’s limitations to claims against rental car companies.

The legislation was meant to protect vehicle rental companies from vicarious liability claims. Anglero v. Hanif, 140 A.D.3d 905, (N.Y. App. Div. 2016). The statute preempts contrary state law. See Carton v. Gen. Motor Acceptance Corp., 611 F.3d 451, 456 (8th Cir. 2010); Curry v. Raymond, No. 15-2314, 2016 U.S. Dist. LEXIS 55472, at *6 (E.D. La. Apr. 26, 2016). [Continue reading]

Settlement, Unsettled

The claimant’s counsel makes a policy limit demand. After receiving authority to settle for the liability limits, you tender the policy limit and your company’s standard Release.  Claimant’s counsel rejects the Release.  Instead, counsel insists on a … [Continue reading]

Happy Thanksgiving From Bauman Loewe Witt & Maxwell

Happy Thanksgiving

All of us at Bauman Loewe Witt & Maxwell would like to take a moment to wish our clients, family and friends (including all of our loyal blog readers), a very joyous and Happy Thanksgiving. Whether you are celebrating with a small gathering, … [Continue reading]

Let’s Appreciate and Remember Our Veterans; on Veterans Day and Everyday

A Veterans Day design of a heart and American Flag with a red, white and blue background

We celebrate Veterans Day on November 11. Americans honor the brave men and women of the armed forces who risk their lives to protect our freedom. They include past and present members of the US Army, Navy, Marine Corps, National Guard, Air Force, … [Continue reading]

It’s Nevada, not Nev-ah-da . . . Happy Nevada Day!

nevada-day-cake-from-aec-001

Before it was a political issue in the presidential race, it was an issue in my family.  Relatives from out of state just could not get the name right.  And like a certain candidate, my relatives insisted that the linguistic pronunciation was … [Continue reading]