Nevada Supreme Court News

Nevada Supreme Orders New Trial in Malpractice Case, Finds Assumption of Risk Was a Bogus Defense

A medical provider defending against a malpractice lawsuit cannot introduce evidence about assumption of risk if the patient acknowledges that she gave her informed consent, the Nevada Supreme Court ruled Thursday. “Informed consent evidence is inadmissible, and an assumption-of-the-risk defense …

WSJ: Hedge Funds Investing in COVID Business-Interruption Claims

Multiple hedge funds are making long shot bets on COVID-19 business-interruption claims, despite a long string of losses in state and federal courts, according to a report by Wall Street Journal. The newspaper, citing anonymous sources, reported Thursday that Avenue …

Nevada Supreme Rejects Subrogation Bid by Excess Insurer after Nightclub Beating

Bouncers at the Marquee Nightclub in Las Vegas assaulted David Moradi and thew him out of the club after he ran up a $10,000 bar bill and got into an argument with a waitress about his credit card. Big mistake. …

Nevada Supreme Holds Proceeds of Legal Malpractice Suit Cannot be Assigned

The Nevada Supreme Court expanded its prohibition against assigning legal malpractice claims to third parties, ruling on Thursday that an attorney’s client is also barred from assigning the proceeds of a lawsuit. “Because such an assignment would allow parties to …

Nevada Supreme Orders WC Benefits for Worker Who Tripped During Walk While on a Break

A worker who was injured when she tripped over an uneven sidewalk while walking during a rest break is eligible for workers’ compensation benefits because the sidewalk was under the control of her employer, the Nevada Supreme Court ruled Friday. …

Nevada Court Sides With Gunmakers in Las Vegas Shooting Suit

CARSON CITY, Nev. (AP)–Nevada’s Supreme Court ruled gun manufacturers cannot be held responsible for the deaths in the 2017 mass shooting on the Las Vegas Strip because a state law shields them from liability unless the weapon malfunctions. The parents …

Nevada Supreme Court Rules Insured Must Prove Coverage Owed in Construction Defect Litigation

At least 14 construction defect lawsuits have been filed against developers and subcontractors that built thousands of Nevada homes. Two insurers issued commercial liability policies to cover such claims, but they didn’t agree on whether a prior-damage clause in one …

Nevada Supreme: Insurer Entitled to Reimbursement for Defense Costs if No Coverage Owed

An insurer that paid to defend a policyholder against a lawsuit, but determined later that no coverage was owed, is entitled to reimbursement for its costs, a divided Nevada Supreme Court said. In a 4-3 decision on Thursday, the high …

Lawsuit Against Reno Over Flooding of Homes Now in U.S. Court

RENO, Nev. (AP) — Dozens of residents who are suing the city of Reno over the flooding of their homes in 2017 are moving to federal court in a complex case that could cost taxpayers millions of dollars. The move …

Nevada’s ‘Implied Consent’ Law Struck Down

The Nevada Supreme Court has ruled a state law that allows police to forcibly take blood samples from motorists without a warrant is unconstitutional. The court, in a unanimous decision handed down Thursday, said the state’s “implied consent” law violates …