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Personal Injury Law

Reno Personal Injury Lawyer

By Steven J. Klearman, Esq.

Post Frequency: 1.4/day

Last Entry: April 20, 2010 at 13:18:10

FDA Globalization Act to Increase Nation's Food Safety

Posted on March 04, 2009

Nevada Legislators Propose Tougher Health Care Regulations

Posted on March 02, 2009

Nevada Supreme Court to Broadcast Oral Arguments via Webcam

Posted on February 23, 2009
In a cool move to provide more public access to Nevada courts, the Nevada Supreme Court announced that it will begin live webcasting oral arguments. The webcasts will be available through the court's website, at www.nvsupremecourt.us, tentatively beginning in March...

Significant Changes in Federal Disability Law

Posted on February 20, 2009
The Las Vegas Sun's Stephanie Tavares reports on important changes in federal anti-discrimination law, of which employers must be aware. Congress passed amendments to the Americans with Disabilities Act, which went into effect January 1. The legislative and regulatory changes went into effect Jan...

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Nevada Legislature Considers New Seatbelt Law

Posted on February 18, 2009
Currently in Nevada, police cannot pull over a driver who is not wearing a seatbelt. Drivers who are pulled over for another reason and who are found to not be wearing a seatbelt can still be ticketed for failure to buckle up. A new seatbelt bill has been introduced in the Senate which would allow police officers to pull drivers over for suspicion of failure to wear a seatbelt...

Patient-Doctor Privilege Doesn't Cover Doctor's Testimony, Says Judge.

Posted on February 18, 2009
The Reno Gazette Journal reported on a controversial ruling in federal court regarding patient privacy under federal and Nevada law. The issue arose in a wrongful death case. The plaintiff brought suit against the pharmaceutical company manufacturing the drug taken by her husband to treat his heart condition...

Consumer Reports finds Big Problems with Car Seats

Posted on February 05, 2009
For more information and the full article, please click here. A safety alert in the February 2007 issue of Consumer Reports says at least two of the 12 infant car seats they investigated -- all of which come with packaging touting federal approval -- should be recalled altogether due to doubts about their safety in a frontal crash...

Update: Bush Administration Corporate Immunity Regulations

Posted on February 02, 2009
This is an update to the earlier blog, Bush Administration Passed Regulstions Allowing Corporate Immunity for Negligence, first published on January 23, 2009. For the full article, please click here. The Federal Railroad Administration (FRA) and the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) last-minute regulation deals a shocking blow to consumers injured by railroads that transport hazardous materials, according to the American Association for Justice (AAJ)...

Military Personnel have Increased Risk of Traumatic Brain Injury

Posted on January 29, 2009
This comes directly from LegalView.com. You can find the story online with additional references, here. Unfortunately, those who choose to serve their country run a comparatively high risk of traumatic brain injury. Military personnel are at risk for automobile accidents, the number-one civilian cause of TBI, but they are also consistently exposed to strong munitions that can cause a traumatic brain injury...

Target Unveils In-Store Recall Notification System

Posted on January 26, 2009
According to a December 22, 2008 ConsumerAffairs.com article, the large retail chain Target has recently started using an in-house recall notification system. Target and the Consumer Product Safety Commission (CPSC) are working together to make it easier for consumers to receive recall notices...

Bush Administration Passed Regulations Allowing Corporate Immunity for Negligence

Posted on January 23, 2009
According to the American Association for Justice, in his last few weeks as President, former President Bush began passing regulations in the Federal Register that provided corporates immunity for negligence. These regulations could "weaken consumer safety protections and limit the ability to hold manufacturers repsonsible for defective and harmful products...

Winter Safety Tips: Driving

Posted on December 19, 2008
Although the best practice is to avoid driving in hazardous winter weather, that does not always coincide with life's necessities. When driving in bad winter weather is unavoidable, allow the snow plows time to clear the roads and lay out salt and sand...

AAJ Praises U.S. Supreme Court's Consumer Rights Decision

Posted on December 18, 2008
pIn response to the U.S. Supreme Court's decision in iAltria v. Good,/i the American Association for Justice (AAJ) praised the Court in denying immunity for cigarette manufacturers who break state consumer protection laws with untrue affirmations of lowered tar and nicotine...

Nevada Supreme Court: Absence of Written Jury Instruction on Bifurcation Warrants Abuse of Discretion Finding

Posted on December 05, 2008
In Valdez v. State, the Nevada Supreme Court recently ruled on the constitutional rights and statutory procedures regarding instructing a jury on the separating the finding of guilt from the penalty phase of the legal process in a first-degree murder case...

AAJ Discusses the Impact of Dangerous Foreign Products on US Consumers

Posted on December 05, 2008
The American Association for Justice, in conjunction with American University's Washington College of Law, recently released two research papers discussing dangerous foreign products, Defective Foreign Products in the United States: Issues and Discussion and The Social Costs of Dangerous Products: An Empirical Investigation...

Nevada Supreme Court Clarifies Labor Law

Posted on November 24, 2008
The Supreme Court recently clarified some Nevada labor law issues in Baldonado v. Wynn Las Vegas, 124 Nev. Adv. Op. No. 81 (October 9, 2008). In this class action lawsuit, Plaintiffs, table game dealers, were at-will employees at a casino in Las Vegas...

Nevada Supreme Court Rules on "Mere Happening" Instruction

Posted on November 20, 2008
In Cook v. Sunrise Hospital & Medical Center, issued on October 30, the Nevada Supreme Court clarified the proper treatment of the "mere happening" jury instruction in medical malpractice cases. A "mere happening" jury instruction is an instruction asserting that the mere happening of an accident, is, by itself, an insufficient basis for liability...

More from the AAJ: U.S. House Report Further Confirms Bush Administration's Preemption Plot

Posted on November 06, 2008
Following up on the American Association for Justice’s campaign to get the word out about complete preemption: Yesterday the U.S. House Committee on Oversight and Government Reform issued a report saying FDA career staff objected to a change in preemption rules, even saying the central factual justifications for the agency’s new positions were false...

Complete Preemption Opposed by FDA Officials

Posted on November 06, 2008
From the Associated Press' Kevin Freking: Top scientists and career employees at the Food and Drug Administration opposed agency regulations that weaken consumers' ability to sue drug makers, congressional investigators said Wednesday. At issue is language in a drug-labeling rule from 2006 that effectively limits when people can sue in state court over injury claims involving medications...

Fall and Night Driving Safety Tips

Posted on October 29, 2008
Helpful safety tips for fall and night driving from John Myre's SAFETY TIMES NEWSLETTER Fall driving presents a variety of obstacles, and more drivers die from September through November than during the winter months of December through February. Slick roads, foggy mornings, and roaming wildlife are just some of the increased hazards...

AAJ warns consumers about "Complete Immunity Preemption"

Posted on October 24, 2008
Normally, consumer protection for product liability is provided for by state law. However, documents obtained by the American Association for Justice (AAJ)'s repeated requests pursuant to the Freedom of Information Act revealed a Bush regulatory strategy that has serious implications on consumer protection...

Under Nevada Law, Intangible Property is Subject to Conversion

Posted on October 16, 2008
The Nevada Supreme Court clarified if and when intangible property can be subject to conversion in its October 2 decision, M.C. Multi-Family Dev. v. Crestdale Assocs., 124 Nev. Adv. Op. No. 77 (2008). Conversion under Nevada law is defined as “a distinct act of dominion wrongfully exerted over another’s personal property in denial of, or inconsistent with his title or rights therein or in derogation, exclusion, or defiance of such title or rights...

From AAJ: Report blames U.S. Chamber for Financial Crisis

Posted on October 01, 2008
From the American Association for Justice pressroom: Washington, DC – The current financial crisis was caused by U.S. Chamber’s aggressive lobbying to eliminate accountability and oversight, says a new issue brief that also exposes payments from bailed-out AIG to the Washington corporate lobby...

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Posted on September 25, 2008
Originally posted at InjuryBoard by Steve Klearman

No duty for pharmacy to cut off drug abuser's prescriptions, says Nevada District Court

Posted on September 25, 2008
The Las Vegas Sun reports an interesting facet to the continuing problem with prescription drug abuse in Nevada.Patricia Copening served nine months in jail after driving under the influence of hydrocodone, hitting two victims who were changing a flat tire at the side of the road...

Nevada law enforcement tightening seat beat enforcement

Posted on September 11, 2008
According to the Associated Press, Reno Police are making greater efforts to enforce the use of seat belts by actively seeking out violaters of Nevada's law requiring automobile passengers to buckle up. KTVN Reno News reports: Reno police and other Nevada law enforcement agencies are stepping up enforcement this month of seat belt laws...

Prescription tracking: Too invasive?

Posted on September 07, 2008
With prescription drug use at its highest in Nevada, and with overdoses from painkillers, including methadone, on the rise, prescription tracking programs are emerging all over the country. Nevada was the first to implement such a program. The Nevada Pharmacy Board has developed a database listing every prescription written in Nevada for certain medications...

NEVADA LAW: Coverage for Additional Insured's Independent Negligent Acts

Posted on August 31, 2008
FEDERAL INSURANCE COMPANY v. AMERICAN HARDWARE MUTUAL INSURANCE COMPANY, 124 Nev. Adv. Op. No. 31 (May 29, 2008) In an opinion issued in May, the Nevada Supreme Court addressed the issue of whether, under Nevada law, an additional insured endorsement provides coverage for an injury caused by the sole independent negligence of the additional named insured...

"Traffic" Author Addresses Issues

Posted on August 25, 2008
The New York Times fielded questions for "Traffic" author Tom Vanderbilt.��Several of the answers were of particular relevance to Nevada drivers.�"Keep to the right, pass only on the left" lawsQ.�After driving in Europe - mostly Germany - for a number of years, I'm convinced that most highway congestion problems in the United States are caused by failure to observe or enforce "keep to the right, pass only on left" laws...

Physician participation in Medicaid up despite budget cuts

Posted on August 22, 2008
Surprisingly, state budget cuts to doctors' reimbursement rates for Medicaid patients have not discouraged physicians from seeing Medicaid patients.��The state cuts will result in reductions in reimbursements for some physicians.�The Las Vegas Sun reported the results of a survey conducted by the state Health Care Financing and Policy Division, in its article entitled "No pay hike, but specialists seem OK with Medicaid," written by David McGrath Schwartz and Cy Ryan...

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