California Appellate Decision Highlights Heavy Burden On Property Owners To Keep Their Premises Safe

Individuals and entities that own or occupy property have a legal duty to maintain their premises in a reasonably safe condition.  To comply with this duty, those who control the property must inspect the premises or take other proper means to ascertain the condition of the property.  If a dangerous condition exists that would have 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…

Factors To Consider In Defendant’s Deposition Location

It has been a long-standing general principle in Nevada that the party wishing to take a defendant’s deposition must travel to where the defendant is located–until now. In Okada v. Eighth Judicial Dist. Court, the Nevada Supreme Court did away with this general principle and instead provided five-factors that must be considered when a party Read More…

Res Ipsa Loquitur In Nevada Medical Malpractice Actions

As background, in 2002 Nevada was dealing with a significant medical malpractice insurance crisis in which doctors were leaving the state due to ever-increasing malpractice premiums. In an effort to deter frivolous medical malpractice litigation and stabilize insurance premiums, the Nevada legislature enacted NRS 41A.071. This statute requires a trial court to dismiss a medical 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…

Appellate Decision Clarifies The Scope Of A Release Of Claims Against A Defendant’s “Affiliates”

When a lawsuit settles, in exchange for the settlement funds the defendant typically requires the plaintiff to sign a release by which the plaintiff releases its claims against the defendant.  The terms of a release are therefore critical to the protection of the defendant and its affiliates from further litigation.  As a result, it is Read More…

LGC Partner Tom Lincoln To Host Webinar

LGC Partner Tom Lincoln will be hosting a webinar on Using Trial Objections.  Mr. Lincoln is a member of the prestigious American Board of Trial Advocates (ABOTA) and has tried numerous jury trials throughout California and Nevada.  His presentation will focus on the most important trial objections, how to use trial objections most effectively, and Read More…

Evolving Issues Of Discovery And Social Media

With social media use at an all-time high, it is not surprising that many courts have been faced with issues regarding whether social media posts are discoverable.  Some litigants contend that messages and posts made on Facebook are private, arguing that because Facebook pages are not public and are made available only to friends, the Read More…

Nevada Appellate Case Addresses Prevailing Party Recovery Of Expert Costs

Once of the most expensive components of litigation is expert costs. In Nevada, pursuant to NRS 18.020, a prevailing party may be able to recover costs “in an action for the recovery of money or damages, where the plaintiff seeks to recover more than $2,500.” While “costs” include expert fees, a prevailing party is limited Read More…