Sep 15, 2023
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: (a) the expert’s scientific, technical, or other specialized knowledge…Aug 29, 2023
Civil practitioners in Clark and Washoe counties are familiar with the Nevada Mandatory Court Annexed Arbitration Program. We know that unless exempt, cases of a value of $50,000 or less are required to go through the mandatory arbitration program before they can proceed to a trial. Nev. Arb. R. 1. The idea behind the program is to provide a simplified procedure for obtaining a prompt and equitable…Aug 14, 2023
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 organization is CCR Solutions. CCR…Aug 10, 2023
In the case of Bish v. Guaranty Nat’l Ins. Co., 109 Nev. 133; 848 P.2d 1057; 1993 Nev. LEXIS 26, the Nevada Supreme Court examined the question of what is an “occurrence”. The facts are these. Four-year-old Christina Rose was playing on the sidewalk near the driveway of the neighbor, Ms. Alderson. At that moment, Ms. Alderson chose to back her vehicle out of the drive. Ms. Alderson…Jul 31, 2023
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. Apr. 13, 2023), the Eleventh Circuit has now disagreed with the Ninth Circuit. Tessco…Jul 28, 2023
Regular readers of this blog may want to jump in and immediately answer that an insurance company cannot rescind auto coverage post-accident. We learned that principle in the blog post HERE about Torres v. Nev. Direct Ins. Co., 131 Nev. 531, 353 P.3d 1203, 2015 Nev. LEXIS 61 (2015). That is because Nevada's Financial Responsibility Law , NRS 485.3091 imposes compulsory coverage after the accident…Jul 12, 2023
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. In closing at trial, counsel for Wilson argued in favor…Jun 27, 2023
In the case of State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. 743, 357 P.3d 338 (2015), the Nevada Supreme Court determined that where the assigned insurance defense attorney encountered a conflict of interest between the duties owed to the insured and to the insurance company, the insured had the right to request independent counsel who, going forward, would be allowed to control the defense. But…Jun 23, 2023
Sergio Mitchell worked at a local elementary school as a janitor. One of the students kicked Mr. Mitchell’s mop bucket, breaking it. When Mr. Mitchell got after the student, the student started cursing him out. Mr. Mitchell grabbed the student by the neck. The student said that Mr. Mitchell was choking him. The School District Police intervened. Ultimately, the student’s parent…Jun 16, 2023
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 motor carrier registration at the time of the accident. On…
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