Posts tagged insurance

  • Personal Email May Be Discoverable

    Steve Klearman | September 17, 2007 8:21 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products

    This entry was sent to me today by Scott Roseland at CyberControls.net:Around the same time that a number of White House staff members were trying to extricate themselves from the probing questions of certain congressional inquiries about personal e-mail accounts being used to allegedly bypass the official government provided e-mail service, a very interesting survey was being released called,...

  • AB 483 Revises Procedures on Execution of Property

    Steve Klearman | October 29, 2007 12:42 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products

    Assembly Bill No. 483 dated March 20, 2007 revises Nevada law regarding the execution of property and wages from a judgment debtor. The bill makes personal property whose total value does not exceed $1,000.00 exempt from execution. It also exempts tax refunds from federal earned income credit or a similar state law from being garnished. The original bill includes the proper forms for a notice of...

  • The Elements of a Negligence Claim in Nevada

    Steve Klearman | June 02, 2006 4:30 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products

    The elements of a negligence claim in Nevada are as follows:1. Defendant owed a duty of care to plaintiff;2. Defendant breached that duty;3. The breach was the legal cause of plaintiff's injuries; and,4. Plaintiff suffered damages.Scialabba v. Brandise Construction Co., 112 Nev. 965, 921 P.2d 928 (1996).The Nevada Supreme Court has dealt with and discussed many fact situations in which...

  • Your Prescription History Report

    Steve Klearman | December 15, 2006 2:33 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products

    Ever wonder how easy it is for just anyone to access your healthcare records? That's a complex subject that we'll explore more of here at this blog.Here's an initial observation. I received an email today from a national litigation support service informing me that for a price I could discover a 5-year list of all prescription information with respect to a given client or defendant.Of course,...

  • Nevada Lawyer Charged in Personal Injury Scam

    Steve Klearman | May 23, 2007 6:37 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products

    Las Vegas personal injury lawyer Noel Gage was charged in what is described as a "wide-ranging and expansive" investigation into the way that certain personal injury cases were allegedly handled.The following quotes come directly from the Las Vegas Review Journal on May 23, 2007: Las Vegas personal injury attorney Noel Gage surrendered to the federal government Tuesday after he was indicted on...

  • Damages in Nevada Negligence Cases - Part II

    Steve Klearman | July 24, 2006 3:37 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products

    Here is the second part of our continuing discussion of Nevada negligence law. Set forth below are case citations and holdings that deal with damage issues in such cases.The statutes of repose bar only those actions arising out of design and construction-related negligence, but not negligent maintenance. Davenport v. Comstock Hills-Reno, 118 Nev. 389, 46 P.3d 62 (2002). Under NRS 41.141, a...

  • What is Insurance Bad Faith in Nevada?

    Steve Klearman | March 31, 2006 8:49 AM | 0 CommentsReno, NV Category: Miscellaneous

    Nevada laws recognize that insurers owe special duties to their insureds and protections are set forth, both in Nevada statutes and in Nevada regulations, to protect insureds from their insurance companies. Nevada law allows for punitive damages to be awarded against an insurer that breaches certain obligations to its insured. While numerous claims against an insurance company are possible in...

  • Court Clarifies Choice of Law in Nevada

    Steve Klearman | May 18, 2006 8:46 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products

    You live in Arizona. You're driving in Nevada. You hit something in the road and your car flips. You're seriously injured and you sue the auto manufacturer (a Deleware company) and the car dealer (an Arizona company). Does Nevada law govern the case or Arizona law?The Nevada Supreme Court clarifed this issue in General Motors Corp. v. Dist. Ct. 122 Nev. Adv. Op. No. 41(2006), a decision...

  • Fallon Nevada's Arsenic Problem

    Steve Klearman | November 26, 2007 6:44 AM | 0 CommentsReno, NV Category: Wrongful Death

    In Fallon, Nevada (about an hour and a half away from Reno) residents have been experiencing high numbers of cancer diagnoses. Although the town has a population of roughly 8,500 people, 12 children were diagnosed with leukemia over a course of approximately three years. According to the American Cancer Society approximately 1.27 percent of the population (1 in 79) will come down with the...

  • Update on Nevada Allstate Attorney Misconduct Case

    Steve Klearman | February 14, 2008 10:00 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products

    In the ongoing squabble over Allstate defense attorney Phil Emerson's repeated misconduct in arguing cases at trial, the Nevada Supreme Court rendered its latest decision on January 17, 2008.In its introduction to Lioce v. Cohen, 124 Nev. Adv. Op. No. 1, the Court stated:On December 28, 2006, this court issued an opinion in these consolidated appeals.[2] The defendants in each of the four...

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