Strategies, Challenges, and Answers

Advice On Settling Wrongful Death Claims in Nevada In January 2017 “Nevada Lawyer”

Mike Mills’ article on Settling Wrongful Death Claims in Nevada appeared in the January 2017 issue of the Nevada Lawyer magazine.  Mike was honored to join other legal scholars who covered important topics on Personal Injury Law in Nevada.  Check out Mike’s advice HERE. If you need additional information on this topic, please don’t hesitate to […]

The Nevada Supreme Court Overturns Wrongful Death Judgment Against Cow’s Owner. Facts Prevail Over Attorney Errors.

Michael Adams died when his car hit a cow belonging to Susan Fallini.  Nevada Law Blog readers know from this earlier post that Nevada Is An Open Range State.  Ms. Fallini asserted the “Open Range” defense pursuant to NRS 568.360 claiming the total defense that is available to her under that statute. NRS 568.360  Duties of […]

Insurance Adjusters Beware: Nevada Courts Impose Consequences for Loss of Critical Evidence

The loss of crucial physical evidence can be a game-changer in the defense or prosecution of a lawsuit that may follow.  Adjusters must guarantee that critical evidence is protected from the earliest stages of the adjusting process.  An insurance adjuster learned this lesson the hard way in the Nevada Supreme Court case of Fire Insurance Exchange […]

Season’s Greetings

I really enjoy this time of year.  It means that I get to spend more time with my family and splurge eating some foods that I would otherwise shun. I hope that all of the readers of the Nevada Law Blogs will also be sipping something warm, eating a little too much and staying safe […]

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 […]

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 Covenant Not to Execute.  Why would the attorney do that? This post will hopefully give you more information […]

Happy Thanksgiving From Bauman Loewe Witt & Maxwell

All of us at Mills & Associates would like to take a moment and wish clients, family and friends (including our blog readers), a very joyous and happy Thanksgiving.
Whether you are celebrating with a small gathering, or preparing for what is shaping up to be dinner for a small country, we wish you and yours all the very best.

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

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, and the Coast Guard. Originally called Armistice Day, major hostilities of World […]

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

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 correct.    However, the pronunciation represents the duality and independence of the state it […]

If You Don’t Buy Loss Damage Waiver Protection, You May Have To Pay To Repair The Rental Vehicle Even If the Damages Were Not Your Fault.

Elite Moving & Storage, Inc. made a practice of renting trucks from Malco Enterprises of Nevada, Inc.  One of the trucks sustained damage when Elite rolled it over.  Malco demanded that Elite pay the damage.  When it did not, Malco filed suit. Vehicle rental agreements almost universally say that the renter will be responsible for […]