Gidget Swanson claimed injury from a motor vehicle accident. She said that a red car hit her from behind and pushed her into the car ahead of her. She said that the red car drove away and was never identified. She presented an uninsured motorist claim to her auto insurance company Acuity. The claim was not resolved and went to trial. At trial, a jury found Acuity liable for compensatory damages in the amount of $150,000. The jury said that Acuity had breached its contract with Ms. … [Read more...]
A Witness Not Timely Disclosed Cannot Be Used At Trial Unless The Failure To Disclose Is Substantially Justified
January 8, 2024 by
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...]
One, Two, Three, Four, I Declare A Thumb War
November 17, 2015 by
At the outset of many games, contests and activities, there is a ritual that the contestants follow that lets all participants know that the game has begun. On your mark, get set, go! Lights, camera, action! Game on! Litigation is no different. The Rules of Civil Procedure dictate that the defendant must receive notice of the action via service of process before the lawsuit officially commences. Rules 4 & 5, NRCP.Sometimes the Summons & Complaint are personally served to the … [Read more...]
NRCP Rule 16.1 Requires Disclosure Of All Responsive Liability Insurance Policies.
September 15, 2015 by
In Construction Defect (CD) cases, Plaintiff attorneys regularly bring big damage claims. Thus Plaintiff CD attorneys, like many other Plaintiff attorneys, instinctively look for as much liability insurance as they can find. Just as intuitively, CD Defense attorneys know that insurance policies should have nothing to do the amount of a demand.In 2013, these differences of viewpoint gave rise to a dispute between the CD attorneys for Defendant Vanguard Piping Systems, Inc. and the attorneys … [Read more...]
