Publications Archives

Interpleading the Insurance Policy Limits in Nevada

By: Robert P. Mougin

It is not uncommon for an insurance company to be placed in a situation where multiple Plaintiffs initiate lawsuits based on injuries sustained from a single incident. For example, an insurer may be faced with a situation where it insured an at-fault driver in a motor vehicle accident involving multiple vehicles, resulting in multiple injured parties. If the insurance provider has made the determination that the damages may potentially equal or exceed the available insurance policy limits, an insurer may want to consider filing an interpleader action of the policy limits.

Bidding Mistakes in Public Contracts

By: John Schroeder

It is four o'clock on Friday afternoon and you have been working on your bid to the general contractor all day. The bid is due by five o'clock and you are finally ready to bring the numbers over from your workup sheet to the formal bidding form provided by the general contractor in his instructions to bidders. Then it happens......you fail to transfer three items from your work sheet to the formal bid. The bid is sent in and opened later. That is when you discover you are 40% lower than the next lowest bidder and you start to question your bid. You return to the office and find the three items missing from the bid. After you consider that your life or at least your job is over, what do you do?

How to Help Your Children Get Through Divorce

By: Hoang-Anh Zapien

Divorce is a time of turmoil for the entire family. Typically, parents have had time to prepare for and come to terms with the fact that the family unit will be dissolved. However, this news is always startling to children, no matter how inevitable divorce may have seemed. Children often perceive their parents as "superheroes," so they innocently expect that their parents will work through and solve any issue. When this is not the case, children are often left feeling confused and scared. Divorce ultimately shatters the basic sense of safety and stability that a child finds with Mom and Dad in a united family unit.

Indemnity

Indemnity is a concept that causes most lawyers and judges to cringe, and causes some clients to cry. Why? Because it is a concept that has almost nothing to do with whether you did something wrong. Instead it usually has everything to do with whether you signed a contract or other legal document where an indemnity provision was lurking. "Lurking" means "to lie in wait in a place of concealment, especially for an evil purpose."

Indemnity provisions are a common component of construction contracts and they can wreak havoc on the profitability of a project. Therefore, you must know what your potential for havoc is before you sign any contract that includes an indemnity provision.

Seller Beware: Disclosing Construction Defects and Lawsuits in the Sale of a Residence

By: Lance A. Adair 

The old saying "let the buyer beware" is of little relevance to California real estate transactions. If you are contemplating the sale of your home in California and have had construction defects or a prior lawsuit involving defects in your home, you should be aware of the basic disclosure requirements under California law.

Can I Move Away With My Children?

During a divorce, parents are forced to rearrange their lives, and significant changes are often inevitable. Amongst these changes, parents who are divorcing usually make the decision to move because they can no longer afford to live in the same area. They feel the need to live closer to their work or even relocate to an area where they have family that can provide support during this difficult time. Nevertheless, anytime a move is considered and children are involved, the "moving" process becomes much more complicated. When a parent considers moving, the parent must consider whether or not the move is in the best interests of the children, and how the other parent will continue to have frequent and continuing contact with the children. 

Divorce Process Question & Answer

Q1. My spouse and I plan to divorce, but have not started the process. What should we do first?

A1: Ask friends, family and/or co-workers for the name(s) of local family law attorneys that have been used in the past. A person-to-person referral is always better than a cold search for the right legal advisor when dealing with the important issues that must be addressed in a divorce proceeding-even a friendly divorce.

Avoiding Disability Discrimination Claims: Reasonable Accommodation & Interactive Process "How To"

An employee comes to work with a cast on his leg. An employee comes to you and tells you that the light in his office gives him headaches. An employee states that the reason she is not as productive is because her left hand hurts when she types. An employee has exhausted his disability leave, but the employee indicates that further accommodation is needed.

AB 1892: Attempting to Protect Homeowners from the Perils of Construction Defect Litigation... One Sentence at a Time

Brace yourself, for you are about to be floored by how close a groundbreaking piece of legislation came to changing the landscape of construction defect litigation forever. It nearly snuck in right under our noses. If not for Governor Brown swooping in at the last minute to veto the bill, many of us may have been facing a serious downturn in business. The epic bill being referred to is Assembly Bill 1892 ("AB 1892"), introduced by Assembly Member Linda Halderman. 

Insuring Title to Subdivided Land

Does a standard title insurance policy provide assurance that real property can be sold as subdivided parcels, as shown on a recorded parcel map? A recent court decision reaffirms that the answer is no. It may be possible, however, to purchase an endorsement that will provide coverage.

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