“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 […]
Nevada Court Finds That The Graves Amendment Preempts NRS 482.305.
April 24, 2023 by
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. Dist. Ct. Case No. A-22-862769-C (Apr. 14, 2023). The Avalos […]
Excess Policy vs. Umbrella Policy: What Is The Difference?
April 20, 2023 by
Often the terms Umbrella Insurance and Excess Insurance are used interchangeably. Is there a difference? What is it? Let’s start with primary insurance. Primary insurance is the first layer of insurance. Primary insurance provides immediate coverage upon an occurrence or a loss as described by the policy. Fireman’s Fund Ins. Co. v. Md. Cas. Co., […]
Nevada Hedonic Damages Update
February 23, 2023 by
A recent Order in the Eighth Judicial District Court, Clark County, Nevada excluded the testimony of plaintiff economics expert Dr. Stan Smith regarding his opinions on the loss of enjoyment of life suffered by the Plaintiff. Order Granting Defendants Motion in Limine. Jones v. Kelly, Eighth Jud. Dist. Ct. Case No. A-19-803468-C (December 12, 2022). Plaintiff […]
Nevada Joins Club Cumis
July 1, 2021 by
In State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. 743, 357 P.3d 338 (2015) the Nevada Supreme Court adopted the independent counsel model outlined by the California Court of Appeals in San Diego Federal Credit Union v. Cumis Ins. Society, Inc., 208 Cal. Rptr. 494, 506 (Ct. App. 1984), superseded by statute as […]
Happy New Year!
December 31, 2020 by
May 2020 bring new opportunities, success at every step and countless reasons to celebrate! We wish you health and prosperity in the coming year and beyond. Happy New Year!
Season’s Greetings
December 21, 2020 by
I really enjoy this time of year. It means that I get to spend more time with my family and splurge eating some foods that I would otherwise shun. I hope that all of the readers of the Nevada Law Blogs will also be sipping something warm, eating a little too much and staying safe […]
