Minor’s Compromise – Do You Really Need One In Nevada Or Can I Skip It?

Nevada Revised Statute 41.200 addresses minor’s compromises.  This statute applies to unemancipated minors who have a disputed claim for money against a third person.  NRS 41.200 (2) provides the general requirements that must be included in the Petition for a Minor’s Compromise.  If the claim involves personal injuries, then NRS 41.200 (3) includes additional items Read More…

Mediation Privilege: Bettering Best Practices

California’s mediation privilege, codified in Evidence Code section 1119, provides that statements made and writings prepared for the purpose of, in the course of, or pursuant to mediation are generally inadmissible and not discoverable. This privilege also extends to settlement discussions occurring “in the course of a mediation.”  Such limitations impact the client’s ability to Read More…

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…