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 Opens Door To Substantially Increased Exposure For Subcontractors

Long-time LGC client E.F. Brady Company, Inc. was a family-owned drywall subcontractor that had been in business for many years.  In the early 1970s, E. F. Brady Company participated in the construction of several commercial buildings in Irvine, California.  E. F. Brady Company purchased and installed drywall and joint compound that allegedly contained asbestos.  E. Read More…

Decision Highlights Difficulty Of Establishing Statute Of Limitations Defense

In Ismael Rosas v. BASF Corporation et al., a recent California Court of Appeal decision, the Court reversed the trial court’s grant of summary judgment in favor of the defendant based on a statute of limitations defense.  A contributing factor to the Court’s reversal of summary judgment was that the plaintiff’s pre-litigation testimony regarding his Read More…

Use Of Contractual Releases To Limit Liability For Negligence

Businesses have several legal tools at their disposal to reduce exposure to liability.  One such tool is a contract that releases a company from liability for a particular activity in which its customers engage.  For example, a skydiving company may require a customer to sign a release stating that the customer understands and assumes the Read More…