Nevada General Practice Legal Questions

Yes you would have a case against both the assailants as well as WalMart. Retain counsel to send Walmart a preservation of video evidence letter, so that the camera footage can be preserved. Also seek medical attention to document your injuries, and do not discuss your case with either the Walmart management or their insurance carrier. You should also file a police report immediately, so that the police can look at the video and prepare a report in accordance therewith.... Read More

If the Insurance Company has interpled (meaning deposited) the policy proceeds into the Court, and if you are the sole qualified beneficiary, file a Motion for Summary Judgment with the Court citing the policy language and designations which (a) show you to be a qualified beneficiary and (b) disqualify the other named beneficiary due to the murder.... Read More

Your scenario does not make it clear as to whether you were using the same jar on each of the three occasions.  The reason why this is important to any analysis is whether you can demonstrate that you opened a sealed jar with which no one else could have tampered and thus the beetle was ipso facto in the jar at the time that it left the manufacturer. A product is defective if when it left the manufacturer it was in a condition that is unreasonably dangerous or not fit for ordinary use.  A jar that contains a beetle would violate this standard and thus most likely create some form of liability.  The problem in such cases is damages.   You have not indicated that you ingested the beetle or in any manner were harmed by its presence in the jar, other than that you most likely have paid for a jar which is inedible.  In such product liability cases, some claimants assert emotional distress claims.  Emotional distress claims are hard to prove objectively.  in most cases, contacting the manufacturer and asking them to address your horror and make it right as a matter of business judgment is the best course of action, as opposed to trying to bring litigation. ... Read More

There is no cause of action for "stabbing you in the back." Your potential claims might be for violation of your medical rights to privacy or HIPPA violations. Certain states have reporting requirements or allowances for medical professionals to report physical or mental capacity issues to the DMV because it is considered a public safgety exception. See e.g. NAC 483.300 ("The [DMV] has good cause to believe written information which is notarized and received from. . . . (b) Licensed physicians, psychiatrists, psychologists and optometrists"). You should speak with counsel regarding your rights.... Read More

This is not a good idea.  Your mother is in permissive possession of the automobile.  Legal title to the vehicle may be clear, but equitable title to the vehicle appears quite clouded.  Furthermore you most likely do not want to bring the possible legal repercussions from a stolen vehicle to bear on your mother.  Simply bring an action to resolve title and possession of the vehicle or lawfullyt retrieve the vehicle from your mother.... Read More

If someone is earnestly threatening your physical safety, you should immediately seek a protective order against this person and report the same to law enforcement.  Information provided in an application for temporary protective order can be kept confidential and/or sealed.  Based upon the nature of the economic relationship, you may have concerns over the disclosure of your profession to law enforcement.  However your physical safety should be of highest importance.... Read More

You will have all of the liability concerns which any property owner which allows a business to be operated therein would have, including potential alter ego liability and premises liability.  You should make sure that your son's economic relationship to your home is defined and that your son's business is properly authorized, structured, incorporated, capitalized and insured.... Read More

The answer is: it depends.  Nevada law has long applied a presumption that all property acquired during marriage is community property [and thus shared and owned equally between spouses].  . However, property acquired during a marriage by gift, bequest, or devise is presumptively the recipient's separate property. Therefore the source of the monies will determine whether you have any rights in the monies cashed by your wife. ... Read More

Incidents of medical devices left inside of patients are all too common.  The problem which you indicate is susceptible to the statute of limitations.  NRS 41A.097 provides a variety of statutes of limitation based upon when the medical services were provided.  Without giving you all of the scenarios, if you know the date of medical service/surgery, you can determine the statute of limitations under that statute.... Read More

NRS 125.150 defines how assets are split in divorce (as well as spousal support obligations).  Section 1(b) states that the courtn "[s]hall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition."... Read More

I suspect this is not really the statute about which you wish to ask. NRS 211.370 does not relate to handicapped parking spaces. This statute sets forth a protocol for the taking into custody of prisoner for whom outstanding warrant for arrest by another law enforcement agency exists. For example, if a person is in custody in Reno but is wanted on a misdemeanor warrant in Las Vegas, the Reno law enforcement agency which took the prisoner into custody shall notify the jurisdiction from which the warrant was issued (Las Vegas). If no other charges are pending in Reno, Las Vegas is required under this statute to take custody of the prisoner within 72 hours after receiving the notice. If there is a charge pending against the prisoner in Reno, Reno would then notify Las Vegas when the Reno matter is resolved so that Las Vegas could take custody. It is a relatively technical section governing priority and procedures or the custody of prisoners.... Read More

The answer depends upon the terms under which the cruise was given to you.   A gift inter vivos must be absolute and irrevocable to be valid.  Gardella v. Santini, 65 Nev. 215, 216 (1948).  Nevada law will look to the intent of the parties in making the transfer.  For example, when a husband transfers title to his separate property from his name into his wife's name, he is presumed to intend a gift to the wife, even f his original intent was to defraud creditors. Peardon v. Peardon, 65 Nev. 717, 201 P.2d 309 (1948).  If the person who gave you the ticket can assert that the ticket was not a gift but was conditioned upon express promises by you or an agreement for consideration to be given to the donor, there could be an action.... Read More