The Nevada Rules of Civil Procedure underwent extensive changes that went into effect March 1, 2019, including NRCP 68 regarding Offers of Judgment (“OOJ”). Some of these changes are significant, and counsel and parties must be aware of them in evaluating OOJs moving forward. First, the deadline to serve an offer was modified and now Read More…
I Won My Case: Can I Recover Mediation Costs?
Clients often ask about the recoverability of fees and costs if they are successful in litigating or arbitrating a claim against a third party. As for attorney’s fees, California follows the “American Rule,” which provides that each side bears its own attorney’s fees, even if you win at trial. The general exceptions to this are Read More…
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…
Taking A Minor’s Deposition
Parties and witnesses may experience additional mental distress by being required to testify about underlying traumatic events and by being confronted with opposing and conflicting allegations or information. This concern is heightened in the case of a child witness. Generally speaking, a child party did not independently decide to file a civil action and may 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…
