Strategies, Challenges, and Answers

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 … [Continue reading]

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

Spoliation of 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 … [Continue reading]

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 … [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]

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 … [Continue reading]