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Can a Carrier Pull Coverage if the Short-term Lessee Won’t Cooperate After a Loss With a Rental Car?

Author: Cheryl Wilson

December 2, 2019 10:00am

The short answer is no. Each month Las Vegas, Nevada swells with visitors who rent cars and tool around the desert.  More than 3.4 million people visited Las Vegas in September, 2019. The Las Vegas airport reported airport rental car revenue of $28 million dollars for the month of September, 2019. I am not sure how many actual vehicles that number represents, but it is clearly a large number.

The Nevada Gaming Commission Takes Aim at Workplace Sexual Harassment and Discrimination, Increase Penalties for Violations

Author: Harry Harrison

Guest Editor: Raymond K. Wilson Jr.

December 2, 2019 10:00am

To bolster the already existing State and Federal laws prohibiting workplace sexual harassment and discrimination, the Nevada Gaming Commission (the “Commission”) has recently adopted its own policies tied to the gaming licenses it issues throughout the state. Publications have noted that Nevada has owned the unwanted title of leader in sexual harassment complaints per capita in the United States. Whether that is the product of a…

Dealing with No Howell in Nevada

Author: Nathan E. Malone

November 5, 2019 8:00am

How can insurance companies and defense lawyers deal with Nevada courts’ reluctance to follow California’s Howell doctrine, specifically with regard to the admissibility of medical liens and write-downs to third party insurance providers?  Formulate your investigation of medical expenses to highlight what the plaintiff actually has to pay for the medical services they received, or is legally liable to repay, and what the market value of the…

Nevada Clarifies Exceptions to the American Rule of Attorney Fees

Author: Christopher Lund

September 3, 2019 10:00am

Pardee Homes of Nevada v. James Wofram, et al.
The Nevada Supreme Court recently reconfirmed Nevada’s adherence to the American Rule of attorney fees (“American Rule”). The American Rule provides that “attorney fees may not be awarded absent a statute, rule, or contract authorizing such award.”  See Thornas v. City of N. Las Vegas, 122 Nev. 82, 90, 127 P.3d 1057, 1063 (2006).  For example, written contracts often state a prevailing party is entitled to attorney fees in the event a lawsuit is…

Revisiting an Insurer’s Duty Under Nevada Law to Inform its Insured Regarding Settlement Opportunities

Author: Tom McGrath

Guest Editor: Jeremy Freedman

September 3, 2019 10:00am

The Nevada Supreme Court’s decision in Allstate Insurance Company v. Miller (2009) 212 P.3d 318, 125 Nev.300, confirmed an insurer’s duty, under the implied covenant of good faith and fair dealing, to inform an insured regarding settlement opportunities.  When an insurer acknowledges its duty to defend its insured, it possesses a duty to adequately inform the insured of settlement offers.  This duty applies to all settlement offers, including…

Nevada’s Expanding Workers’ Compensation Exclusive Remedy Rule to Provide Medical Assistance to Employees or Not

Author: Jeremy Freedman

August 7, 2019 10:00am

Even where an employer maintains and strictly enforces comprehensive policies and procedure at to avoid workplace injuries, they are inevitable. Employees may have medical conditions that lead to subsequent injury. Employees do not always follow policies and procedures. In short, accidents happen. In Nevada, as with many other States, there is generally no duty to come to the aid of another. However, there are several exceptions to…

Actual Notice and Mailing Checks in Nevada

Author: Christopher Lund

July 1, 2019 10:00am

The Nevada Supreme Court and Nevada Court of Appeals each released opinions recently that dealt with failing to cure defaults in commercial contracts.  In Rose v. Treasure Island, the Court of Appeals decided an issue of first impression for Nevada, namely, “when a written lease is otherwise silent, whether the allegedly defaulting party is entitled to ‘strict’ or merely ‘substantial’ compliance with the notice requirements set…

HOA Caselaw Update: Nevada Supreme Court Finds More Excuses for a Bank’s Failure to Tender

Author: Margaret Schmidt

June 4, 2019 8:28am

The Nevada Supreme Court’s recent decision in Bank of America, N.A. v. Thomas Jessup, LLC Series VII, 135 Nev. Adv. Op. 7, 435 P.3d 1217 (Nev. 2019) (“Jessup”) represents the current departure from ideologies established in SFR Investments Pool 1 v. U.S. Bank, 130 Nev. 742, 750, 334 P.3d 408, 414 (Nev. 2014).  To contextualize the shift, it is beneficial to examine the statute at the heart of this ever-expanding body of law, NRS 116.3116.[1]   Since 1991, Nevada has provided homeowner associations (HOAs) with the statutory authority to impose a lien for unpaid assessments owed on a property.  Pursuant to NRS 116.3116, up to nine months of common expense assessments accrued under the lien are given priority over a first deed of trust.[2]  Considering the effect of a “superpriority” lien foreclosure for the first time, the Nevada Supreme Court reasoned in SFR Investments that such priority was created “to avoid having the community subsidize first security holders who delay foreclosure” of underwater properties. Thus, a bank risks losing its security interest by foreclosure of the superpriority lien if it fails to pay at least nine months of HOA assessments owed on a defaulted property.

Changes in Nevada Rules of Civil Procedure Designed to Discourage Extensions of Discovery Deadlines and Trial Continuances

Author: Tom McGrath

May 6, 2019 12:37pm

Earlier this year, the Nevada Supreme Court significantly amended the Nevada Rules of Civil Procedure to more closely mirror the Federal Rules of Civil Procedure.  Although the previous version of Nevada’s court rules was already similar to the Federal Rules, the amended rules seek to discourage counsel from submitting repeated requests for stipulated extensions to the court’s scheduling order and trial date.  The new rules went into effect on March 1, 2019.  Whether they apply to existing cases depends on whether the case already has a scheduling order or trial setting order in place.  In cases where the court issued the scheduling order after March 1, 2019, the new rules apply.

Court Provides Additional Clarity on Applying Nevada’s Anti-SLAPP Statute

Author: Christopher Lund

April 1, 2019 1:31pm

Pope v. Fellhauer, No. 74428 (Nev. March 21, 2019) (unpublished).

Background

In the last 3 years, the Nevada Supreme Court issued multiple decisions related to Nevada’s anti-SLAPP law and how the law should be applied in specific cases. SLAPP is a term that stands for “Strategic Lawsuit Against Public Participation.” The term denotes “a meritless lawsuit that a plaintiff initiates to chill a defendant’s freedom of speech and right to petition under the First Amendment.”

Jury Demand within Complaint is Insufficient in Nevada

Author: Christopher Lund

March 4, 2019 9:00am

Jake Lee v. Soon Yi Lee, 2019 WL 851994 (Nev. App. Feb. 19, 2019) (unpublished).

For most civil cases in Nevada, the parties have the option of having either a jury trial or bench trial. There are strategic reasons for why a plaintiff or defendant might choose a jury trial over a bench trial, and vice versa. For example, plaintiffs in personal injury cases will almost always demand a jury because jurors are more likely to award a larger sum in damages than a judge in a bench trial. Conversely, in some highly technical civil cases, a plaintiff may prefer a judge to render a decision rather than a jury, where the plaintiff’s focus or desired outcome is not necessarily on damages.

Tips to Steer Clear of the Lackluster Depo

Author: Kathryn Lee Colgan

Guest Editor: Alla Policastro

March 4, 2019 9:00am

After taking a certain number of plaintiffs’ depositions in one’s career, it can be easy to just coast and go through the motions; getting in and getting out after you have the main information you need. However, once trial comes around, you may be kicking yourself for not asking a few crucial questions that could help support and shape the defense of your case. While the questions posed below are not necessarily commonplace or appropriate in every case, they can help to illuminate certain key issues plaintiffs are would like to avoid.  

Using the Sword – Offers of Judgment in Nevada

Author: Christopher Schon

January 7, 2019 9:00am

An Offer of Judgment, when used properly, is a vital tool in the litigator’s toolbox. Timing, purpose, and potential benefits and detriments all must be considered prior to deploying your Offer of Judgment. But keep in mind, even with those factors considered, a court could invalidate your Offer of Judgment if it is non-compliant.

Insurance and Autonomous Vehicles

Author: Rachel Donnelly

January 7, 2019 9:00am

It is no surprise the landscape of transportation is drastically changing. With the advancements in technology, vehicles are becoming autonomous. Consumers will soon have the option to buy a vehicle they will not need to actually drive. Also, people looking for transportation to travel from one place to another no longer need to call a traditional taxi service. Individuals can now take advantage of one of the many ride-sharing or peer-to-peer programs available on their smartphones. Autonomous and semi-autonomous vehicles are at the forefront of technological development in the automobile industry.

The Impact of Nevada’s Affirmative Initial Disclosure Obligations on Discovery

Author: Tom McGrath

October 1, 2018 10:00am

In some jurisdictions, a party to a civil lawsuit is not required to disclose documents or other evidence unless and until another party in the case directs discovery requesting/demanding the same. However, Nevada imposes an obligation on all parties in a civil lawsuit to serve initial disclosures of witnesses and exhibits and produce copies of all non-privileged relevant documents before the parties are permitted to engage in discovery.  And for defendants, Nevada law requires their initial disclosures to include complete copies of all potentially applicable insurance policies, regardless of the potential liability exposure in the case.

Tyson & Mendes Wins in Nevada: Insurer Granted Summary Judgement in Potentially High-Exposure Bad Faith Lawsuit

Author: Christopher Lund, Tom McGrath

Guest Editor: Leslie Price

September 5, 2018 9:00am

Last month the federal district court of Nevada granted United States Liability Insurance Company (USLI) summary judgment in an action filed against USLI for bad faith denial of a claim. Tyson & Mendes represented USLI in this case. The lawsuit centered around USLI’s denial of coverage for damage to the claimant’s property based on exclusionary language found in the insurance policy.

No Coverage for Reimbursement of Fraudulent Credit Card Charges

Author: David Roper

September 5, 2018 9:00am

In CP Food & Beverage, Inc., the U.S. District Court for the District of Nevada ruled an insurance company had no duty to indemnify a strip club, which reimbursed patrons for credit card charges fraudulently placed on their cards by employees of the club. The court held, the club’s reimbursement of the fraudulent charges did not constitute a direct loss by the club. CP Food & Beverage, Inc. v. United States Fire Insurance Company (2017 WL 6998968)

Movin’ on Through an Impasse at Mediation

Author: Kathryn Lee Colgan

Guest Editor: Jessica Heppenstall

August 6, 2018 9:00am

We have all been there. It is the standstill during mediation where it seems there is no way a settlement is going to be reached, and you feel as though you have reached the point of no return. However, with a few simple strategies and considerations, you may be able to breach this impasse and move on with meaningful settlement discussions.

Quit or Be Fired Means No Unemployment Benefits

Author: Christopher Lund

Guest Editor: Jessica Heppenstall

August 6, 2018 9:00am

Dolores v. State Employment Security Division, 134 Nev.Adv.Op. 34, 416 P.3d 259 (Nev. 2018).

Recently, the Nevada Supreme Court tackled a question of first impression related to unemployment benefits: Does an employee voluntarily resigns when the employer gives an ultimatum, quit or be fired? The Court unanimously ruled the resignation is voluntary, precluding unemployment benefits. Of course, the Court’s decision is not as black and white as it first appears.

Nevada Supreme Court Limits Attorney Fees and Costs in Collateral Third-Party Litigation Arising from HOA Foreclosure Sales

Author: Margaret Schmidt

Guest Editor: Issa Mikel

July 9, 2018 9:00am

In its most recent decision concerning Nevada’s ever-problematic home owners’ association (“HOA”) lien statute, [1] the Nevada Supreme Court addressed the statute’s mandatory award of attorneys’ fees and costs.  Nevada Revised Statutes (“NRS”) 116.3116(8) provides, “[a] judgment or decree in any action brought under this section must include costs and reasonable attorney’s fees for the prevailing party.”  Parties have invoked this provision as a means for obtaining fees and costs in any lawsuit invoking NRS 116.3116.  However, the holding in Carrington Mortg. Holdings, LLC v. R Ventures VIII, LLC, 134 Nev. Adv. Op. 46 (Nev. 2018), upends NRS 116.3116(8)’s application outside a very specific context.

Nevada Howls for Howell

Guest Editor: Issa Mikel

July 9, 2018 9:00am

When the California Supreme Court issued its opinion in Howell v. Hamilton Meats 52 Cal.4th 541, 257 P.3d 1130, 129 Cal.Rptr.3D 325 (2011), Nevada defense attorneys were hopeful Nevada would follow California’s example and prohibit plaintiff’s lawyers from introducing evidence of medical bills that had been partially or totally forgiven by medical providers.  The defense bar was hopeful the case of Tri-County Equip. and Leasing, LLC v. Klinke, 1268 Nev. Adv. Op. 33, 286 P.3d 593 (2012), would be the vehicle by which Nevada would adopt the Howell precedent.  This was not to be.

Nevada Supreme Court Uncharacteristically Aligns with Ninth Circuit in Holding HOA Super-Priority Lien Statute is Preempted by Federal Foreclosure Bar

Author: Margaret Schmidt

Guest Editor: Leslie Price

May 31, 2018 1:28pm

After years of litigation in the lower courts and countless appeals to the Ninth Circuit and Nevada Supreme Court concerning the “Federal Foreclosure Bar,” the issue was finally put to rest by the Nevada Supreme Court on May 17, 2018 in in Saticoy Bay LLC Series 9641 Christine View v. Fed. Nat’l Mortgage Ass’n, 134 Nev. Adv. Op. 36 (2018).

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