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...
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...
Yes, more wierdness in a case that's had it's share. First, Mack stabs his wife to death and shoots a judge (always the best way to endear oneself to the legal community about to determine your fate).Darren Mack flees, he's talked into coming back by the D.A. (of all people).Darren Mack pleads guilty (before putting on a defense); now he's changed his mind, fired attorney Scott Freeman (Mack...
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...
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...
There have been recent efforts by federal legislators to impose binding arbitration in a variety of contexts.You may have never heard of Binding Mandatory Arbitration, but that would not prevent this unfair practice, visited on unsuspecting consumers, from destroying your life. Buried in the fine print of many consumer contracts for credit cards, new homes and cars are clauses that stack the...
More news that suggests that we are less litigious rather than more. This from the American Association of Justice quoting the New York Times:"U.S. companies are getting hit with fewer new lawsuits and initiating less litigation, according to a survey released on Monday. The poll of in-house law departments suggests corporate litigation may have slowed, although big companies still find...
Assembly Bill No. 483 dated March 20, 2007 revises Nevada law regarding the execution of property and wages from a judgment debtor. The bill makes personal property whose total value does not exceed $1,000.00 exempt from execution. It also exempts tax refunds from federal earned income credit or a similar state law from being garnished. The original bill includes the proper forms for a notice of...
This is more of my continuing series on new legislation in Nevada.Assembly Bill 519 dated March 23, 2007 prohibits the district court from sealing a public record unless certain circumstances are met. For example, sealing the records may not have the purpose of concealing a public hazard and may not create a state of imminent danger to the public. Before sealing a public record, the court also...
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