“Was it worth it?”This is a question, sometimes politically-loaded, that is often asked of family members and war buddies of our Fallen Heroes.Marine Corps General John Kelly recently offered a unique perspective. A veteran of Iraq and Afghanistan himself, General Kelly lost his youngest son, First Lieutenant Robert Kelly, while conducting combat operations in Helmand Province in 2010.General Kelly was asked if the loss was worth it by a reporter with National Public Radio. He said, … [Read more...]
Archives for May 2023
By A Preponderance Of Evidence
May 18, 2023 by
In civil cases, a Nevada Plaintiff has the burden of proof. But what standard of proof must that Plaintiff meet to prevail? In a civil case, the standard of proof in Nevada is “by a preponderance of evidence”. The case of Deiss v. S. Pac. Co., 56 Nev. 169, 53 P.2d 332 (1936) provides a great explanation as to what it means to prove something “by a preponderance of evidence”. This case involves a crash between a car and a train. The jury found in favor of the deceased driver’s estate … [Read more...]
Just, Speedy, and Inexpensive
May 10, 2023 by
Does anyone else have a favorite Rule of Civil Procedure? I do. It is Rule 1, particularly the last sentence which says that the Rules of Civil Procedure “should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.”I find myself turning to this rule more and more as I prepare papers for the court. No doubt that the Courts are dedicated to these three principles. As to the … [Read more...]
What Happens If You Split Causes of Action?
May 5, 2023 by
Nevada follows the rule that a Plaintiff may not file two separate suits arising from the same set of facts. The consequence of trying to split causes of action is that if requirements of the rule are satisfied, the second suit will be dismissed. The Nevada Supreme Court said: As a general proposition, a single cause of action may not be split and separate actions maintained. Reno Club v. Harrah Et Al., 70 Nev. 125, 260 P.2d 304 (1953). The wrongful act of the defendant creates the … [Read more...]
Mixed Claims? Defend as to One, Defend as to All
May 3, 2023 by
Mr. Alm bought his Homeowner’s Policy from Hartford Fire Ins. Co. He got sued for bodily injuries. The First Cause of Action of the Complaint alleged that the injury happened because of Mr. Alm’s negligence. But the Second Cause of Action alleged that the injury was a result of a violent and intentional assault on the part of Mr. Alm.Mr. Alm presented the suit to Hartford. Hartford admitted that it has insured Mr. Alm but it refused to defend him. The argument was that the claim for … [Read more...]
