InjuryBoard Reno Archives

• Nevada Legal Guides Now Published

  Steve Klearman | May 28, 2006 11:11 AM | 0 Comments
  Category: Defective & Dangerous Products

  Thanks to all my readers who have waited a week or two while I stepped away from blogging to finish the four books that I've been working on for a number of years. I have always felt that the highest purpose of legal blogs is to educate legal consumers. Therefore, I plan to utilize materials from my books in my blogs starting today with extended and in-depth information on the law of...

• Court Clarifies Choice of Law in Nevada

  Steve Klearman | May 18, 2006 8:46 AM | 0 Comments
  Category: Defective & Dangerous Products

  You live in Arizona. You're driving in Nevada. You hit something in the road and your car flips. You're seriously injured and you sue the auto manufacturer (a Deleware company) and the car dealer (an Arizona company). Does Nevada law govern the case or Arizona law?The Nevada Supreme Court clarifed this issue in General Motors Corp. v. Dist. Ct. 122 Nev. Adv. Op. No. 41(2006), a decision...

• Unambiguous Insurance Exclusions in Nevada

  Steve Klearman | May 18, 2006 8:30 AM | 0 Comments
  Category: Defective & Dangerous Products

  Imagine that a plane crashes in your backyard due to pilot negligence and you are seriously injured. You sue the pilot and his insurance company tells you: "Wait a minute! Our policy excludes all coverage in situations in which the pilot's airworthiness certificate was not in force and it wasn't in full force and effect here." "Wait a minute, yourself!" you respond. The airworthiness...

• Nevadans Sponser and Defeat Malpractice Legislation

  Steve Klearman | May 10, 2006 6:05 AM | 0 Comments
  Category: Medical Malpractice

  Proposed Federal medical malpractice reforms are dead (again) and so I'll stop talking about them soon. Not just yet, though.Interestingly, Nevadans played a major role in the rise and fall of the legislation. John Ensign, R-Nev., sponsered part of the legislation, while Harry Reid, D-Nev., opposed it.Bloomberg News reported that Senate Democratic leader Harry Reid of Nevada called the attempt...

• When Binding Arbitration in Nevada Is Not Binding

  Steve Klearman | May 08, 2006 4:33 PM | 0 Comments
  Category: Defective & Dangerous Products

  A lot of litigants (and attorneys, too) might be surprised to find out that a private binding arbitration award can still be appealed. The Nevada Supreme Court discusses this issue in a new case, Clark Cty. Educ. Ass'n v. Clark Cty. Sch. Dist., 122 Nev. Adv. Op. No. 30 (2006). There, the Court clarifies the common-law grounds available for a court to review a private arbitration award. The...

• Federal Malpractice Legislation Fails

  Steve Klearman | May 08, 2006 4:10 PM | 0 Comments
  Category: Medical Malpractice

  The national trial lawyer's lobby was once again successful in fending off medical malpractice reforms that would have restricted the rights of Americans everywhere. (Too bad Nevada's trial lawyer lobby wasn't as successful in 2004).Here's an update:This evening, the Senate voted down two Motions to Proceed to the consideration of medical malpractice bills. Thanks to an aggressive lobbying,...

• So You Want to Sue Nevada?

  Steve Klearman | May 04, 2006 12:58 PM | 0 Comments
  Category: Medical Malpractice

  I've handled a lot of cases that involve Nevada and its political subdivisions. Many entailed serious injuries. Some, for instance, involved sexual assaults by health care professionals and teachers on patients and students. All had one thing in common: Nevada "immunity" caps.There are special laws that govern lawsuits against Nevada and its political subdivisions. These laws, and the Nevada...

• New Bill With an Old Story

  Steve Klearman | May 04, 2006 12:47 PM | 0 Comments
  Category: Medical Malpractice

  This from People Over Profits: Once again, without any hearings and without following normal Senate procedure, the Senate Majority Leader plans to bring to the floor S. 22, the so-called "Medical Care Access Protection Act of 2006." S. 22 contains many of the same limits found in earlier bills, also brought to the floor with no hearings. It contains the same elimination of injured patients'...