As of December 1, 2023, FRE 702 will change. The new rule, with redline changes is as follows: A witness who is qualified as an expert by knowledge, skill, experience, training or education may testify in the form of an opinion or otherwise if the proponent has demonstrated by a preponderance of the evidence that: […]
Upcoming Changes To Federal Rule Regarding Expert Testimony Are Truly Consequential
September 15, 2023 by
If The Truck Is Big, Is More Insurance Required?
August 14, 2023 by
Las Vegas is a popular convention destination. The largest convention venue in town is the Las Vegas Convention Center, which touts over 4.6 million square feet of convention space. Event planning professionals keep busy, helping their clients set up, present and then take down the displays that fill these convention spaces. One such event planning […]
The Eleventh Circuit Disagrees With The Ninth Circuit And Applies FAAAA Preemption To State Negligence Claims
July 31, 2023 by
Nevada Trucking Law reported HERE that the Ninth Circuit has refused to apply FAAAA preemption to allegations of negligence against freight brokers. Recently, in the case of Aspen Am. Ins. Co. v. Landstar Ranger, Inc., 65 F.4th 1261, 2023 U.S. App. LEXIS 8845, 29 Fla. L. Weekly Fed. C 2391, 2023 WL 2920451 (11th Cir. […]
Jury Nullification Is A No-No
July 12, 2023 by
Gregory Lioce was involved in a multi-vehicle traffic crash. Identifying the at-fault driver was difficult. Gregory Lioce argued that Dana Cohen changed lanes into him. Dana Cohen said Mr. Lioce turned left into her. Mr. Lioce was then rear-ended by John Wilson, who argued that he was not negligent because he had been cut off. […]
CELEBRATE INDEPENDENCE DAY !
June 30, 2023 by
The team at Bauman, Loewe, Witt & Maxwell and the Nevada Law Blogs wish all of our clients, friends, business associates and readers a very safe and extremely enjoyable Independence Day Holiday! As we celebrate the July 4, 1776 signing of the Declaration of Independence, let’s reflect on a few important words from that life […]
Ninth Circuit Says No To FAAAA Preemption
June 16, 2023 by
Costco needed some goods shipped. Costco turned to transportation broker C.H. Robinson to find a trucking company that could haul the load. Kuwar Singh, dba RT Service was one of the motor carriers in C.H. Robinson’s network. Mr. Singh and RT Service were properly licensed. RT was a properly authorized motor carrier with an active […]
The Immense Sacrifice Of Our Fallen Heroes Must Always Be Remembered . . .
May 26, 2023 by
“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. Marine 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 […]
By A Preponderance Of Evidence
May 18, 2023 by
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., 56 Nev. 169, 53 P.2d 332 (1936) provides a […]
Just, Speedy, and Inexpensive
May 10, 2023 by
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 just, speedy, and inexpensive determination of every action and proceeding.” I find […]
What Happens If You Split Causes of Action?
May 5, 2023 by
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 dismissed. The Nevada Supreme Court said: As a general proposition, a single […]
