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…

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…

New Ruling Highlights Evolving Collateral Source Issues In Nevada

In Nevada, the collateral source rule provides that when “an injured party [has] received some compensation for his injuries from a source wholly independent of the tortfeasor, such payment should not be deducted from the damages which the plaintiff would otherwise collect from the tortfeasor.”  Proctor v. Castelleetti, 911 P.2d 853, 854 (Nev. 1996).  In Read More…

Appellate Court Clarifies Burden Of Proof Regarding Independent Contractor Relationships

Under the doctrine of respondeat superior, an employer may be vicariously liable for the actions of its employees or agents.  When respondeat superior is at issue, an initial determination is often whether the alleged tortfeasor qualifies as an independent contractor rather than an employee because, under certain circumstances, a hirer cannot be held vicariously liable Read More…

Court Of Appeal Expands Application Of Primary Assumption Of The Risk Doctrine To Recreational Activities

Under the primary assumption of the risk doctrine, a property owner has no duty to protect a plaintiff against risks that are inherent in a sporting or recreational activity if the activity involves an inherent risk of injury to voluntary participants and the risk cannot be eliminated without altering the fundamental nature of the activity.  Read More…