Posts tagged Defective Products

• Evidentiary Privileges in Nevada

  Steve Klearman | November 30, 2006 8:59 AM | 1 CommentReno, NV Category: Defective & Dangerous Products
  

  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 Category: Defective & Dangerous Products
  

  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 Category: Defective & Dangerous Products
  

  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...

• Recycled Medical Devices Draw Attention

  Steve Klearman | July 30, 2006 3:44 PM | 0 CommentsReno, NV Category: Medical Malpractice
  

  Yahoo News and the AP report today as follows:TRENTON, N.J. - For eight months during his infancy, Sean Van Duyn gagged, retched and vomited daily. Now 6, the Winter Haven, Fla., boy still can't eat or drink by mouth, instead being fed by a permanent tube in his belly. Beset by multiple medical problems in his first months, the boy had to have a breathing tube inserted through a hole cut in his...

• Damages in Nevada Negligence Cases - Part II

  Steve Klearman | July 24, 2006 3:37 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  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 Category: Defective & Dangerous Products
  

  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...

• JAMA Discloses Ongoing Conflicts of Interest

  Steve Klearman | July 19, 2006 9:51 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  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 Category: Defective & Dangerous Products
  

  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 Category: Defective & Dangerous Products
  

  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 Category: Defective & Dangerous Products
  

  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...