Defective & Dangerous Products

• JAMA Discloses Ongoing Conflicts of Interest

  Steve Klearman | July 19, 2006 9:51 PM | 0 CommentsReno, NV

  This from the AP today:CHICAGO - Just days after announcing a crackdown on researchers who do not disclose drug company ties, the editor of a prestigious medical journal says she was misled again -- this time by the authors of a study linking severe migraines to heart attacks in women. All six of the study's authors have done consulting work or received research funding from makers of...

• Damages in Nevada Negligence Cases

  Steve Klearman | July 18, 2006 3:20 PM | 0 CommentsReno, NV

  Here is a continuing survey of cases and holdings that pertain to damages in Nevada negligence cases. As always, cases are listed in chronological order starting with more recent cases.An employer may be liable for punitive damages for acts or omissions of its agents if, but only if, (a) principal or managerial agent authorized doing and manner of act; (b) agent was unfit and principal or...

• Proving a Negligence Claim in Nevada - Part I

  Steve Klearman | June 11, 2006 1:23 PM | 0 CommentsReno, NV

  Last blog, I listed an excerpt from my new book that included many fact situations that give rise to negligence claims in Nevada.This blog I will concentrate on those cases that discuss proving negligence claims in Nevada and next blog I will finish this discussion of proof. The following case selections are listed in chronological order starting with some of the most recent cases to touch...

• The Elements of a Negligence Claim in Nevada

  Steve Klearman | June 02, 2006 4:30 PM | 0 CommentsReno, NV

  The elements of a negligence claim in Nevada are as follows:1. Defendant owed a duty of care to plaintiff;2. Defendant breached that duty;3. The breach was the legal cause of plaintiff's injuries; and,4. Plaintiff suffered damages.Scialabba v. Brandise Construction Co., 112 Nev. 965, 921 P.2d 928 (1996).The Nevada Supreme Court has dealt with and discussed many fact situations in which...

• Understanding the Importance of the Elements of Nevada Legal Theories

  Steve Klearman | June 02, 2006 4:03 PM | 0 CommentsReno, NV

  As I said last blog, I plan to provide in-depth information on Nevada civil law in general, and the elements of Nevada legal theories in particular, in many future blogs. Much of this legal research is extracted from the Second Edition of my first book, Elements of Nevada Legal Theories.Nevada is a notice pleading jurisdiction. This means that civil complaints in Nevada can be pleaded rather...

• Nevada Legal Guides Now Published

  Steve Klearman | May 28, 2006 11:11 AM | 0 CommentsReno, NV

  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 CommentsReno, NV

  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 CommentsReno, NV

  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...

• When Binding Arbitration in Nevada Is Not Binding

  Steve Klearman | May 08, 2006 4:33 PM | 0 CommentsReno, NV

  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...

• When Is a Verdict Excessive?

  Steve Klearman | April 30, 2006 9:36 AM | 0 CommentsReno, NV

  Juries sit for days or weeks to determine verdicts. Juries are a fundamental concept in our American system. Why do some continue to question the wisdom of juries? Only a juror who sat through a case understands the evidence in that case.Florida attorney Bob Carroll cites to the following verdicts in his blog of this date. Do these look like frivilous lawsuits?A jury in New York awarded the...