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 […]
The Nevada Supreme Court Overturns Wrongful Death Judgment Against Cow’s Owner. Facts Prevail Over Attorney Errors.
January 16, 2017 by
Insurance Adjusters Beware: Nevada Courts Impose Consequences for Loss of Critical Evidence
January 5, 2017 by
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 […]
The Graves Amendment Eliminates Vicarious Liability Of Motor Vehicle Rental Companies . . . Mostly?
December 2, 2016 by
“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 […]
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.
October 26, 2016 by
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 […]
Nevada’s Pro Hac Vice Rules Are Stricter Than Most
October 18, 2016 by
Do you have a civil matter that needs to be litigated in Nevada but you do not have the time or patience to study for and sit through a three day bar exam? Mike Mills of Bauman, Loewe, Witt & Maxwell provides the solution! Nevada does not admit attorneys to practice based on reciprocity with […]
