Jay Young | Retired Las Vegas, Nevada Judge | Mediator | Arbitrator | Special Master
This blog post questions the applicability of the Vanguard ruling, which mandates full disclosure regardless of potential liability. The author suggests reassessing this strict requirement in light of proportional discovery standards established by Nevada’s NRCP.
In Washington, state courts mandate complete disclosure of insurance policies in civil actions. In a personal injury case, defense counsel failed to disclose a $25 Million policy, leading to sanctions of $1 Million against their law firm for violating Rule 26(g). This order illustrates the necessity for thorough compliance in disclosures to avoid penalties.
Michael Kosor, Jr. purchased a home within an HOA that delayed board member elections until 75% of units were sold. He claimed voting rights violations after the threshold was met but did not pursue pre-suit mediation required by NRS 38.310. The court affirmed that the mediation requirement was procedural, not jurisdictional.