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...
This is the last part of my three-part series on the issue of whether Nevada has jurisdiction over a doctor who practices medicine over the Internet from a different state.1. Many States Have Recognized The Propriety Of Exercising Jurisdiction Over Nonresident DoctorsCourts have found jurisdiction over nonresident doctors where they purposefully directed their actions at plaintiffs' states. ...
I've been wrapped up in litigation lately and otherwise trying to take advantage of the epic snow that we've been seeing; and I've therefore been remiss in finishing the last of the series I started. I will do that within a day or two.In the brief time I've been away there have been major medical discoveries, the Internet went down for one side of the world, Blackberry stopped working for a...
I will get back to my three-part series on the Nevada jurisdictional question we were analyzing on Monday or Tuesday. First, though, since I've recently mentioned the insurance industry's fraud on the Nevada voters otherwise known as KODIN, I reprint below Nevada's highly restrictive statute of limitations. If you've been injured as a result of Nevada medical malpractice, the statute below...
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...
This is the second part of what will be a three-part blog. See yesterday's blog for the issue that the following argument addresses:A. The Fiduciary Shield Doctrine Is Not Law In Nevada And Even If It Were It Would Not Preclude An Exercise Of JurisdictionThe fiduciary shield doctrine, a flawed legal theory that has generated confusion and countless inconsistent exceptions, provides that acts...
ISSUE: Whether a doctor practicing medicine in Nevada remotely over the Internet, for a California medical group that contracts with a Nevada medical group to render medical services remotely over the Internet and contractually agrees to be bound by the laws of Nevada, is subject to the jurisdiction of the Nevada courts?This is the issue of first impression that presents itself in the context...
Any attorney who works in medical malpractice law in Nevada (and there are fewer and fewer of us) knows that difficult issues arise every week.Many of these issues are presented by people who are searching for attorneys.A common issue, after the unfortunate passage of the so-called KODIN legislation, is whether the statute of limitations has run in a particular medical malpractice case.We often...
According to a New York Times article dated January 3, 2008, in one out of three cases of cardiac arrests in hospitals, the staff takes too long to respond and increases the risk of brain damage and death in the patient. This study was based on 6,789 patients in 369 different hospitals whose hearts stopped but could have been resuscitated with an electric shock. The study concludes that these...
On January 4th, one of the worst storms in recent history hit the Sierra Nevadas, knocking out power, causing flooding and forcing people to evacuate their homes. The storm initially dropped roughly six to ten inches of rain, which turned to snow later on that evening. After 44 inches of snow followed the rain, the levees in Fernley, Nevada were stressed to their breaking point, causing them to...
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