Posts tagged Defective Products

• Understanding the Importance of the Elements of Nevada Legal Theories

  Steve Klearman | June 02, 2006 4:03 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  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 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 CommentsReno, NV 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 CommentsReno, NV 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...

• When Binding Arbitration in Nevada Is Not Binding

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

• When Is a Verdict Excessive?

  Steve Klearman | April 30, 2006 9:36 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  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...

• Nevada's Short Trial Program

  Steve Klearman | April 28, 2006 3:21 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  As I indicated a blog or two ago, cases that are appealed from arbitration or fail in mediation may proceed into Nevada's Short Trial Program. Here's an overview of that program:-A presiding judge is appointed and hears all motions. -The parties exchange document and witness lists and meet for a pretrial conference to chart out the course of the case.-The case is calendared and set for trial...

• Nevada's Path Through ADR

  Steve Klearman | April 27, 2006 3:35 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  The Nevada judicial system has continued to refine its attempt to route smaller cases (generally those with a value of under $40,000) away from district court jury trials and through a series of alternative dispute resolution programs.In Washoe County, Nevada, there are two basic choices in cases of this nature.First, parties can proceed through arbitration. In this form of alternative dispute...

• Politics and Drugs

  Steve Klearman | April 03, 2006 11:45 AM | 1 CommentReno, NV Category: Defective & Dangerous Products
  

  This set of observations come from the Greedy Trial Lawyer blog at http://www.greedytriallawyer.com. I reproduce this here in an attempt to occasionally touch upon the unsavory relationship between our pharmaceutical companies and our politicians:In the closing days of the 2005 legislative year, Senate Majority Leader Bill Frist and the White House fail to obtain the needed support for a...

• The Riddle of Damage Caps

  Steve Klearman | March 16, 2006 3:56 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  Florida attorney Bob Carroll notes that a Florida newspaper recently posed questions to consider in the context of whether to impose damage caps:How much is the lifetime use of a right arm worth? What is fair compensation for spending 60 years blind because of a doctor's error? If a surgeon makes a mistake and cuts a nerve during routine surgery, forcing you to eat and drink through a tube for...