Strategies, Challenges, and Answers

Archives for August 2008

MUST / CAN / SHOULD THIS CASE BE REMOVED TO FEDERAL COURT?

In my experience, most Nevada plaintiffs’ attorneys would prefer litigating their client’s cases in the Nevada state court.  Each probably has his or her own reason to prefer state court over federal.  However, defendants may realize significant advantages by getting a case out of state court.  The process of getting a case out of state court and into the proper federal court is called “removal”.   I don’t recall a plaintiff’s attorney ever consulting his defense … [Read more...]

Nevada Has Not Adopted Cumis

“He who pays the piper, calls the tune”.  While this adage may be true at a county fair, it has no place in the practice of law.  Attorneys owe a primary duty to their client, no matter who pays the bill, be it a parent, spouse, friend, or insurance company.  Just because the insurance company pays the attorney to defend its insured, the attorney’s primary duty is to the client not the carrier.Sometimes conflicts between the insured and the carrier arise when the carrier defends an insured … [Read more...]