Jay Young | Top Las Vegas 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.
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Attorney Steven Kish presented on ESI discovery at the Eighth Judicial District Court’s Business Bench Bar meeting, highlighting the default standards from the U.S. District Court for Delaware. He recommended resources from The Sedona Conference on best practices in eDiscovery, essential for attorneys involved in this field.
The law recognizes a legal fiction—that a corporation or other legal entity is a separate “person” who acts independent of the owners of the entity.[1] Because the entity is a separate person, the law also allows a deposition of the entity under Rule 30(b)(6), which reads: (b) Notice of the Deposition; Other Formal Requirements. (6)…
For a comprehensive treatment of Nevada discovery law, get your copy of this excellent resource today at Amazon.
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