Posts tagged wrongful death

  • 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,...

  • Wal-Mart Pharmacy Settles Wrongful Death Lawsuit during Mediation

    Chrissie Cole | August 03, 2007 9:30 PM | 0 CommentsLas Vegas, NV Category: Wrongful Death

    Wal-Mart Pharmacy in Frederick, Maryland, has settled a wrongful death lawsuit during mediation without admission of liability or fault.On December 13, 2005, a customer walked into Wal-Mart Pharmacy and ordered over-the-counter Humulin R (u-100(. However, the pharmacy allegedly gave him the wrong prescription and he left with Humulin R (u-500), a prescription drug that has five times more...

  • 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...

  • Doctors Attempt 'No Sue" Clause

    Steve Klearman | May 28, 2007 6:40 AM | 0 CommentsReno, NV Category: Medical Malpractice

    Some doctors in New Jersey are now asking their patients to sign away their legal rights. The American Association of Justice cites to Dick Dahl's story published at LawyersUSA:A group of New Jersey ob-gyns has begun asking prospective patients to sign away their right to a jury trial, touching off a debate about the enforceability of the waivers. Citing the high cost of medical malpractice...

  • Does Nevada Have Jurisdiction? Part III

    Steve Klearman | February 13, 2008 9:52 AM | 0 CommentsReno, NV Category: Medical Malpractice

    This is the last part of my three-part series on the issue of whether Nevada has jurisdiction over a doctor who practices medicine over the Internet from a different state.1. Many States Have Recognized The Propriety Of Exercising Jurisdiction Over Nonresident DoctorsCourts have found jurisdiction over nonresident doctors where they purposefully directed their actions at plaintiffs' states. ...

  • Does Nevada Have Jurisdiction? Part II

    Steve Klearman | January 18, 2008 7:58 AM | 0 CommentsReno, NV Category: Medical Malpractice

    This is the second part of what will be a three-part blog. See yesterday's blog for the issue that the following argument addresses:A. The Fiduciary Shield Doctrine Is Not Law In Nevada And Even If It Were It Would Not Preclude An Exercise Of JurisdictionThe fiduciary shield doctrine, a flawed legal theory that has generated confusion and countless inconsistent exceptions, provides that acts...

  • Woman Dies in Dentist Chair

    Steve Klearman | January 02, 2008 7:11 AM | 0 CommentsReno, NV Category: Medical Malpractice

    Last week Georgette Watson, principal of Brentano Math and Science Academy in Chicago, died while undergoing a root canal in her dentist's chair. It wasn't the physical surgery that killed her, however. The blame is being placed upon her anesthesia, which put her in a state between unconsciousness and being awake, a state known as "twilight sedation." In this condition patients are typically...

  • 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...

  • 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...

  • 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...

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