BLWM Blog

BLWM welcomes Debby Mittelman

Jan 16, 2024

Debby Mittelman joined our Scottsdale Office as a litigation associate.  Debby's areas of practice include large loss subrogation and fire litigation.  If there a matter that Debby may assist you with, please email her at dmittelman@blwmlawfirm.com.

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A Witness Not Timely Disclosed Cannot Be Used At Trial Unless The Failure To Disclose Is Substantially Justified

Jan 08, 2024

Gidget Swanson claimed injury from a motor vehicle accident.  She said that a red car hit her from behind and pushed her into the car ahead of her.  She said that the red car drove away and was never identified.  She presented an uninsured motorist claim to her auto insurance company Acuity.  The claim was not resolved and went to trial.     At trial, a jury found Acuity liable for compensatory…

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Nevada Is Not A Direct Action State

Dec 20, 2023

In October 2017, Ronald Law was involved in a motor vehicle accident.  In June 2021, he filed a Complaint and then an Amended Complaint against Progressive (the tortfeasor’s insurer) and against Progressive’s adjuster.  The Complaint alleged:    1. Negligence;    2. Abuse of Process;   3. Fraud;   4. Violation of HIPAA and Patient Confidentiality Laws, Statutes, Regulations and…

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The Consequences Of A Proposed Detention Solution

Nov 13, 2023

The word “detention” may remind you of your years in school.  If I say “detention” does it remind you of the movie “The Breakfast Club” where a group of crazy teens were sentenced to detention together?     When it comes to truck drivers, detention is something completely different.  And truck drivers hate detention as much if not more than students do.  In the transportation industry,…

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In Nevada, An Insurance Agent Or Broker Is Generally An Agent Of The Insured, Not The Insurer

Nov 09, 2023

It was a terrible fire.  On November 21, 1980, 85 people died when a refrigerated pastry display caught fire at the MGM Grand in Las Vegas.  The Grand Hotel Gift Shop was destroyed in the fire.  The Gift Shop suffered almost a $1,000,000 in business interruption damages.     The Gift Shop sued its insurance broker, and the insurance company that wrote its business interruption insurance, Granite…

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The Nevada Supreme Court Approves The District Court’s Unilateral Reduction Of The Attorney’s Share In A Proposed Minor’s Settlement

Oct 31, 2023

The Nevada Law Blogs has treated the question of Approval of Compromise of Minor’s Claim a few times over the years.  For a little background, see  HERE and HERE.     The question today is what authority does the Court have when it comes to approving Petitions for Approval of Compromise of Minor’s Claims pursuant to NRS 41.200?  The answer is found in the case of Haley v. Eighth Judicial…

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Damages For Future Medical Care Based On Subjective Injuries Requires Expert Support

Oct 25, 2023

John Lanza was hurt in a motor vehicle accident.  He settled with the underlying tortfeasor and brought suit against his UIM carrier Progressive Direct.     One issue was whether he would be allowed to claim future damages based upon headaches, neck pain and back pain.  He wanted to recover for the future care he received.  He said that he would have future pain and suffering.  He also claimed…

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Corporations, LLCs And Trusts Need Lawyers To Appear In Court

Oct 23, 2023

Wilma Winters died.  Ms. Winters’ Estate claimed via its executrix Ms. Newell that the Estate was the owner of certain real property.     Two companies, via their trustee, A.R. Salman, filed a quiet title action against same real property that was claimed by the Winters Estate.     In its opposition, the Estate argued that the Complaint must be dismissed because Mr. Salman, a non-lawyer,…

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Upcoming Changes To Federal Rule Regarding Expert Testimony Are Truly Consequential

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…

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Court Annexed Arbitration vs. Court Annexed Mediation

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…

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