Defective & Dangerous Products

• Allstate Takes Major Hit in Nevada

  Steve Klearman | January 09, 2007 3:12 PM | 0 CommentsReno, NV

  For years, Allstate has managed to anger trial attorneys and others with its practices.Now, the Nevada judiciary has given Allstate special dubious recognition. I borrow from an email that my colleague, Nevada attorney Peter Chase Neumann, sent to me recently:On December 28, 2006, the Nevada Supreme Court issued a 35-page opinion by Justice Hardesty for an en banque court (over a short dissent...

• Your Prescription History Report

  Steve Klearman | December 15, 2006 2:33 PM | 0 CommentsReno, NV

  Ever wonder how easy it is for just anyone to access your healthcare records? That's a complex subject that we'll explore more of here at this blog.Here's an initial observation. I received an email today from a national litigation support service informing me that for a price I could discover a 5-year list of all prescription information with respect to a given client or defendant.Of course,...

• How Private is Your Health Information?

  Steve Klearman | December 14, 2006 2:20 PM | 1 CommentReno, NV

  This will be an ongoing topic starting today. As a technology-obsessed attorney, our privacy as healthcare consumers interests (distresses) me.A recent example: I had a small, simple auto accident case in which my client was the passenger in a vehcle that was hit. Clear liability any way you look at it. My client broke bones. Her only medical claim related to those broken bones. ...

• Attorney Client Privileges - Terms Defined

  Steve Klearman | December 06, 2006 9:12 AM | 0 CommentsReno, NV

  Last blog we looked at the definition of attorney/client privilege in Nevada.This blog we examine the definitions within the definition.For instance, under Nevada law, the term "client" is defined as follows:49.045. "Client" defined"Client" means a person, including a public officer,corporation, association or other organization or entity, either publicor private, who is rendered professional...

• Attorney Client Privilege Defined

  Steve Klearman | December 04, 2006 9:05 AM | 0 CommentsReno, NV

  One of the most common privileges we hear about is the attorney/client privilege.The general scope of this privilege is set out in NRS 49.095 and provides:49.095. General rule of privilegeA client has a privilege to refuse to disclose, and to preventany other person from disclosing, confidential communications:1. Between himself or his representative and his lawyer orhis lawyer's...

• Evidentiary Privileges in Nevada

  Steve Klearman | November 30, 2006 8:59 AM | 1 CommentReno, NV

  The evidentiary concept of "privilege" protects certain types of disclosures in certain situations.NRS 49.015 provides, generally:49.015. Privileges recognized only as provided1. Except as otherwise required by the Constitution of theUnited States or of the State of Nevada, and except as provided inthis Title or Title 14 of NRS, no person has a privilege to:(a) Refuse to be a witness;(b) Refuse...

• Blog Ho!

  Steve Klearman | November 29, 2006 8:44 AM | 0 CommentsReno, NV

  As I surf around and see the proliferation of blogs I'm forced to ask myself (and occasionally others) whether anyone really reads them. There's obviously so much information out there right now, and so many different forms of media, that one must wonder who actually has the time to read blogs.But of course people do read blogs because blogs deliver targeted information. This blog, for...

• South Dakota Jail for Judges Initiative

  Steve Klearman | October 18, 2006 9:45 AM | 1 CommentReno, NV

  Ever wonder what sort of recourse you have against a judge?There's a fascinating and disturbing constitutional amendment on South Dakota's November ballot.Here's an editorial dated October 17, 2006 from the Press & Dakotan, which can be found at http://www.yankton.net/stories/101706/opEd_796101706.shtml:South Dakota's proposed Constitutional Amendment E -- the so-called J.A.I.L. amendment -- on...

• Damages in Nevada Negligence Cases - Part II

  Steve Klearman | July 24, 2006 3:37 PM | 0 CommentsReno, NV

  Here is the second part of our continuing discussion of Nevada negligence law. Set forth below are case citations and holdings that deal with damage issues in such cases.The statutes of repose bar only those actions arising out of design and construction-related negligence, but not negligent maintenance. Davenport v. Comstock Hills-Reno, 118 Nev. 389, 46 P.3d 62 (2002). Under NRS 41.141, a...

• Defenses in Nevada Negligence Cases - Part I

  Steve Klearman | July 20, 2006 3:32 PM | 0 CommentsReno, NV

  Here is the first part of our continuing discussion of Nevada negligence law. Set forth below are case citations and holdings that deal with damage issues in such cases.Relief in contribution and implied indemnity is unavailable to the extent those claims arise from the intentional or punitive liability of the party seeking such relief. The Doctors Co. v. Vincent, 120 Nev. 644, 98 P.3d 681...