Nevada Supreme Court Holds That Striking A Prospective Juror Based Upon Sexual Orientation Is Impermissible

Recently, in Morgan v. State, the Nevada Supreme Court addressed whether sexual orientation should be recognized pursuant to the United States Supreme Court’s precedent of Batson v. Kentucky. In Batson, the U.S. Supreme Court held that striking prospective jurors based on race was a violation of the Equal Protection Clause of the Constitution. The reasoning of Batson Read More…

Nevada Adopts Common Interest Rule As Exception To Waiver Of Work-Product Privilege

In Cotter v. Eighth Judicial Dist. Court of Nev., 416 P.3d 228, the Nevada Supreme Court addressed whether a party waives the work-product privilege if work product is provided to a third-party. The Court’s examination of the facts in the case led to the adoption of the Common Interest Rule allowing attorneys to share their work Read More…

Rewriting The Rules On Introduction Of Collateral Source Payments In Cases Involving Medical Malpractice

Nevada allows defendants to introduce evidence of collateral source payments (i.e. payments received from sources other than the defendant for the injuries/damages alleged against the defendant) in cases involving medical malpractice. However, a recent Nevada Supreme Court opinion in McCrosky v. Carson Tahoe Regional Medical Center addressed the unique situation of federal collateral source payments. Read More…