Question One on the November 2014 Nevada ballot seeks to establish a three-judge appellate court in Nevada. The Nevada Law Blogs support the creation of this new court. According to the Nevada State Bar, the Court of Appeals would consist of three judges, The Ballot Question Explanation provides that the Governor would appoint the initial […]
Third Circuit Rejects “True Conversion” Exception To Carmack Amendment Preemption
October 10, 2014 by
In the case of Dynamic Transit v. Trans Pac. Ventures, 128 Nev. Adv. Op. 69, 291 P.3d 114 (2012), the Nevada Supreme Court opined that there was a “true conversion” exception to the doctrine of Carmack Amendment preemption of all state law claims. (49 U.S.C. § 14706). For more details on that case, see HERE. […]
“Reasonable Rental Cost” Not “Financing Cost” Is The Proper Measure Of Damages For Loss Of Use
September 13, 2014 by
Disputes over the value of loss of use are common. Sometimes these disputes are small such as the loss of use of a car following an auto accident. Other times, the dispute involves a much bigger piece of equipment. For example, Asphalt Products Company (APCO) arranged to sell a used bulldozer tractor to All Star […]
Nevada Follows The “Initial Permission” Rule When Dealing With Questions Of Permissive Use
September 2, 2014 by
Normally, it is easy to know whether the person whose name is on the auto insurance policy has liability coverage when operating his or her insured car. But that analysis becomes more difficult when the driver is not a named insured. Nevada Law requires that a liability insurance policy must extend to any person that […]
Back to Basics: The Elements Of A Nevada Negligence Claim
August 22, 2014 by
Sometimes it is good to get back to basics. Let’s quickly review what it takes to prove a negligence claim in Nevada. The case of Turner v. Mandaly Sports Entm’t, LLC, 124 Nev. 213, 180 P.3d 1172 (2008) reminds us of the elements of that cause of action. Mr. & Mrs. Turner owned season tickets to watch […]
