Strategies, Challenges, and Answers

The Eleventh Circuit Disagrees With The Ninth Circuit And Applies FAAAA Preemption To State Negligence Claims

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

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 !

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

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 . . .

“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

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

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?

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.

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?

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., […]