For nearly 50 years, the standard set forth in Tellis v. State has governed the duties of a district court judge in Nevada when responding to jury inquiries during deliberations. Under Tellis, the judge has wide discretion in the manner and extent to which the judge answers a jury’s questions during deliberations. Previously, if the Read More…
Nevada Supreme Court Addresses Doctor-Patient And Therapist-Client Privileges Asserted By Defense
NRS 49.225 and NRS 49.247 protect communications between a patient and his or her doctor and between clients and their marriage and family therapist as confidential. However, a patient who voluntary puts his physical or mental condition in issue in a lawsuit waives the protection of the doctor-patient privilege for communications with his doctor about Read More…
Nevada Bill Could Broaden Homeowner Disclosure Requirements
On the heels of Nevada Assembly Bill 125, a new construction defect bill, AB 418, was recently referred to the Committee on Judiciary on March 20, 2015. While little is known regarding the bill’s origins, it appears the bill’s proponents are looking to add teeth to construction defect disclosure requirements by forcing disclosure when the Read More…
The Duty to Preserve Evidence – A Refresher
Most businesses and their employees are either unaware or ill-equipped to deal with the pre-litigation duty to prevent intentional or negligent loss, alteration or destruction of relevant evidence, otherwise know as spoliation. Depending on the jurisdiction and whether the evidence was intentionally or negligently lost, spoliation may result in drastic sanctions, most commonly an adverse Read More…