In the ongoing squabble over Allstate defense attorney Phil Emerson's repeated misconduct in arguing cases at trial, the Nevada Supreme Court rendered its latest decision on January 17, 2008.In its introduction to Lioce v. Cohen, 124 Nev. Adv. Op. No. 1, the Court stated:On December 28, 2006, this court issued an opinion in these consolidated appeals.[2] The defendants in each of the four...
Here's a plug for Trial Guides at www.trialguides.com. The following interesting news comes from their enewsletter of today's date.This week, Florida Insurance Commissioner Kevin McCarty announced that he is suspending Allstate Insurance companies from writing new insurance in Florida. McCarty's choice follows Allstate's refusal to comply with subpoenas served October 16 by the Office of...
Ah the new and complicated world of how email production is handled by courts.Scott Roseland, at cybercontrols (www.cybercontrols.net), cites to Benton v. Dlorah, Inc., 2007 U.S. Dist. D. Kan, Oct. 30, 2007. There, the plaintiff informed defendant at her deposition that she had deleted e-mails, and defendant filed a motion to compel plaintiff to produce relevant documents, to produce her hard...
Driving in Reno is not (nearly) as bad as driving in Southern California or New York City, but we still have our share of accidents. A UNR civil engineer professor and some UNR students are now researching roads and intersections in the Reno area to make them safer and less accident prone. The project entails videotaping certain intersections and studying tire marks or warning signs in "fender...
Reno is still pretty dangerous and challenging for bicyclists. This is largely due to the need for a better route of paths, better marked paths and a need for a better continuation of the paths network. Does this mean that Reno is an unsafe place for bicyclists to ride overall? Not necessarily, but there are certain precautions that every bicyclist should take, aside from simply wearing helmets...
The insurance industry's $11 million bellyflop against Referendum 67 was an election bright spot for ruling Democrats, who otherwise took their lumps from a frugal electorate that sent establishment ideas packing. According to Curt Woodward, writing for the AP, the referendum, which allows triple damages in lawsuits alleging bad faith by insurance companies, spawned a lively campaign pitting the...
Reno and Sparks police have indicated that they will step up enforcement of seat belt use, at least through the end of November.The Reno Gazette reports that of 30,521 passenger vehicle occupant fatalities nationwide last year, 15,523 were not restrained.Further, of those who were not restrained, 75 percent were killed.Buckle up.For more information on this subject, please refer to the section...
According to an article by the Better Business Bureau dated October 19, 2007, the number of drivers across the United States, but especially in Nevada, without insurance is higher than would be expected.In a recent study by the Insurance Research Council, one out of seven at-fault drivers is uninsured. In Nevada this number rises even more with seventeen percent of drivers uninsured. This can be...
The following comes from the American Associaiton of Justice quoting Sheri Qualters at the National Law Journal:American businesses are filing and fighting fewer lawsuits, according to Fulbright & Jaworski's fourth annual Litigation Trends Survey. Seventeen percent of respondents have not defended a lawsuit in the past year, compared with 11% in the prior year. The rate of corporations bringing...
Yesterday I blogged on some of the negative aspects of binding arbitration. Here's more information on why this often misunderstood form of alternative dispute resolution can be problematic.Buried in the fine print of most consumer contracts - such as credit cards, insurance plans and car deals - is a clause, which waives the buyer's constitutional right to trial by jury. These contracts...
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