Strategies, Challenges, and Answers

The Immense Sacrifice Of Our Fallen Heroes Must Always Be Remembered . . .

“Was it worth it?”

This is a question, sometimes politically-loaded, that is often asked of family members and war buddies of our Fallen Heroes.

Arlington National Cemetery in Memorial dayMarine Corps General John Kelly recently offered a unique perspective. A veteran of Iraq and Afghanistan himself, General Kelly lost his youngest son, First Lieutenant Robert Kelly, while conducting combat operations in Helmand Province in 2010.

General Kelly was asked if the loss was worth it by a reporter with National Public Radio. He said, quote:

“I think what I tell families now is the only person really that has a right to answer that question – was it worth it? – is the young man or woman that lost their life. And I believe what they would say is that they were doing what they wanted to do. They were where they wanted to be. So that’s the answer, I think, to that question. It’s not for us that survived to answer it. I think it’s for those young people to answer. And I think they do answer it with their actions and obviously their lives.” – Unquote. [Continue reading]

By A Preponderance Of Evidence

In civil cases, a Nevada Plaintiff has the burden of proof.  But what standard of proof must that Plaintiff meet to prevail?  In a civil case, the standard of proof in Nevada is “by a preponderance of evidence”.  The case of Deiss v. S. Pac. Co., … [Continue reading]

Just, Speedy, and Inexpensive

Does anyone else have a favorite Rule of Civil Procedure?  I do.  It is Rule 1, particularly the last sentence which says that the Rules of Civil Procedure “should be construed, administered, and employed by the court and the parties to secure the … [Continue reading]

What Happens If You Split Causes of Action?

Nevada follows the rule that a Plaintiff may not file two separate suits arising from the same set of facts.  The consequence of trying to split causes of action is that if requirements of the rule are satisfied, the second suit will be … [Continue reading]

Nevada Court Finds That The Graves Amendment Preempts NRS 482.305.

The Nevada Law Blogs have written a lot about Rental Car Liability and the Graves Amendment.  Those posts need an update as a result of the Findings of Fact, Conclusions of Law and Judgment entered in Avalos v. Estate of Cunningham et al, Eighth Jud. … [Continue reading]