Recovering Reasonable Attorneys Fees after a Defense Verdict in Nevada
The prevailing defendants in Smith V. Crown Fin. Svcs of America, 890 P2d 767 (Nev. 1995) argued in the trial court that they should be awarded attorneys’ fees because a defense verdict has a value of $20,000 or less. The defendants then asked for an award of attorney’s fees based upon NRS § 18.010(2)(a). This statute allows for “attorneys fees […]
Read MoreImplied Indemnity Claims in Nevada
Does an innocent defendant in a lawsuit have the right to try to compel its (wrongdoing) co-defendant to provide it with a defense (or pay defense costs) and indemnity prior to trial in the case. In other words, can a summary judgment be utilized to force an early defense or indemnity in the abscenceof an agreement? This […]
Read MorePrivileges and the Torts of Defamation, Interference and Malicious Prosecution
Privileges with respect to the Torts of Slander and Defamation Nevada recognizes a long-standing common law rule that communications uttered or published in the course of judicial proceedings are absolutely privileged so long as they are in some way pertinent to the subject of controversy. [Citations omitted.] The absolute privilege precludes liability even where […]
Read MoreMisconduct and Vicarious Liability under NRS 87.150
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA CASE NO. 2:14-cv-00111-JCM-NJK MEMORANDUM OF POINTS AND AUTHORITIES OPPOSITION TO FREDERICK HIPWELL’S MOTION TO DISMISS AMENDED COMPLAINT Plaintiff, W. A. Sokolowski (“Plaintiff”), by and through his undersigned counsel, respectfully submits this Memorandum of Points and Authorities in Opposition to the Motion to Dismiss the […]
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