On Oct. 28, 2021, the Nevada Supreme Court in Zurich American Insurance Company v.. Ironshore Specialty Insurance Company, 137 Nev. Adv. Op. 66, held that an insured can rely on extrinsic facts to show that an insurer has a...more
The Nevada Supreme Court held that insurers may seek reimbursement of defense costs if a court determines that it owed no duty to defend and the insurer reserved reimbursement rights.
In Nautilus Insurance Company v....more
The Nevada Supreme Court held that courts may change or “blue-pencil” an unreasonably restrictive non-compete agreement to make it enforceable if the agreement contains a provision allowing the modification of unenforceable...more
In Garcia v. Awerbach, 136 Nev. Adv. Op. 27 (May 21, 2020), the Supreme Court of Nevada reinstated a severe discovery sanction against a defendant who withheld a critical insurance claims note. In doing so, the Supreme Court...more
5/28/2020
/ Appeals ,
Car Accident ,
Discovery ,
Failure To Disclose ,
Insurance Claims ,
Insurance Litigation ,
Negligent Entrustment ,
NV Supreme Court ,
Punitive Damages ,
Redacted Documents ,
Reversal ,
Sanctions ,
Scope of Discovery Requests
In a win for residential developers seeking an alternative forum to resolve construction-defect claims, the Nevada Supreme Court rules that arbitration agreements in CC&Rs are enforceable. Based on the following, the court...more
4/13/2018
/ Arbitration Agreements ,
Binding Agreements ,
CC&Rs ,
Common-Interest Communities ,
Construction Defects ,
Enforceability ,
Federal Arbitration Act ,
Federal v State Law Application ,
Homeowners ,
Housing Developers ,
Interstate Commerce ,
Motion to Compel ,
NV Supreme Court ,
Preemption ,
Residential Real Estate Contracts ,
Reversal ,
Unconscionable Contracts
In a case of first impression in Nevada, Neville v. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 95 (Dec. 7, 2017), the Nevada Supreme Court held that employees have a private right of action to recoup unpaid wages under...more
With the February 24, 2015, enactment of Assembly Bill 125 (2015 Nevada Laws, Ch. 2), much has changed in the world of residential construction defect litigation. One of the most dramatic shifts has been the reduction of the...more
8/30/2017
/ Constitutional Challenges ,
Construction Defects ,
Construction Industry ,
Due Process ,
Equal Protection ,
Grace Period ,
Limitation Periods ,
New Legislation ,
NV Supreme Court ,
Residential Property Owners ,
Retroactive Application ,
Statute of Repose