Pharmacy Liability to Third Parties: 03/04/10
Nevada Supreme Court Rejects Liability For Pharmacies to Third Parties Injured by Patients Under Influence of Prescription Drugs
Nevada has long been a jurisdiction that does not recognize “dram-shop liability.” As...
The Alter Ego Doctrine and Limited Liability Companies: 03/04/10
Business Formation Concerns: The Problem of the Applicability to Limited Liability Companies of the “Alter Ego” and “Piercing the Corporate Veil” Doctrines
One of the more popular business entity forms in Nevada...
Does there have to be insurance coverage as a prerequisite to an unfair claims practices action?: 03/04/10
Even in the absence of coverage, an insured can bring a claim for breach of Nevada’s Unfair Claims Practices Act against an insurer
In an effort to ensure fair dealings with insureds by their insurers, in 1975 the...
Supreme Court Rule on Mixed Motives Jury Instruction in Age Discrimination Case: 12/29/09
In Gross v. FBL Financial Services, 129 S.Ct. 2343 (June 18, 2009), the plaintiff sued his employer claiming that his demotion was in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”) which...
Cumulative Impact Claims – What are they all about?: 12/23/09
When Does a Contractor Make a Cumulative Impact Claim?
When you are on a job that has way too many change orders, a significant number of change orders that you really never anticipated would arise, you might be...
Admission of Arbitrator’s Findings in Jury Trial Following Short Trial is Constitutional.: 11/18/09
The Nevada Supreme Court upheld the constitutionality of NRS 38.259(2) which required the admission into evidence of the arbitrator’s findings entered at the conclusion of a mandatory nonbinding arbitration...
Unlawful Internet Gambling Enforcement Act Held Constitutional: 11/17/09
The Third Circuit Court of Appeals has upheld as constitutional the Unlawful Internet Gambling Enforcement Act of 2006, 31 U.S.C. § 5361 et seq. in Interactive Media Entertainment and Gaming Association, Inc. v....
Providing notice to a general contractor: 11/01/09
Does the Failure to Provide Notice to a General Contractor Bar Recovery Against a Surety? The Nevada Supreme Court in Hartford Fire v. Trustees of Constr. Indus., 125 Nev. Adv. Op. No. 16 (May 28, 2009) recently...