LAS VEGAS – Department stores, grocers, other retailers and their cleaning services are sometimes the target of lawsuits by customers claiming they slipped and fell due to items on the floor. Senior associate Michael Lowry was retained to represent Kellermeyer Building Services, a nationally recognized cleaning service, from a lawsuit occurring at a local department store.

The customer claimed injury after she slipped and fell in a women’s restroom. She claimed a lake of water covered nearly the entire floor and caused her fall. Two different witnesses testified, however, they inspected the restroom immediately after the fall and found no water. More importantly, even had a lake of water been present, the customer failed to produce any evidence Kellermeyer knew of this problem or that it had occurred before.

Mr. Lowry filed a motion seeking to dismiss the case. He argued Nevada law requires the customer to demonstrate Kellermeyer either created the lake of water, if it had been there, knew the lake of water was present prior to the fall and failed to clean it up, or knew this problem happened all the time and failed to correct it. The court agreed and dismissed the case.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs. For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Michael Lowry, visit us online at www.thorndal.com or contact us at (702) 366-0622

LAS VEGAS – Every year millions of Americans join athletic clubs and sign membership agreements. In exchange for access to the facility, exercise machines and group classes, among other benefits, members agree to pay a membership fee and to release the club from liability from injuries that might occur while exercising. It is commonly known that injuries can happen while exercising if the exercise is not properly done, so the clubs seek to protect themselves from lawsuits caused by members who might not exercise safely.

Las Vegas shareholder Phil Goodhart was retained by 24 Hour Fitness to defend it from a lawsuit filed by a member who slipped and fell in a steam room. The membership agreement, however, contained an assumption of the risk clause for events just like this. After filing a Motion for Summary Judgment, the federal court agreed and dismissed the case. It noted the membership agreement contains an “express, unambiguous exculpatory clause which identifies the potential risk of injury and states that by entering into the membership agreement [the member] consented to assume the risk of injury caused by 24 Hour Fitness’s negligence.”

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Phil Goodhart, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – A Las Vegas district court granted summary judgment in a case arising from an abnormal snow storm in Las Vegas on December 17, 2008. A customer at Town Square, a local, outdoor mall, claimed he was injured during the snowstorm while on the mall’s property. The customer suffered amnesia and could not remember the event. There were no independent witnesses, photographs or other corroborating evidence to demonstrate who or what caused the customer’s injuries.

The mall was originally defended by shareholder Brian Terry. Mr. Terry’s investigation and defense of the case revealed gaps in the customer’s case. Mr. Terry moved for summary judgment, arguing it is not enough that a customer was injured to hold a property owner responsible. The injured person must show the property owner acted inappropriately to cause the injury. The court delayed ruling on the motion to provide the customer additional time to conduct discovery he claimed would demonstrate the mall acted inappropriately. During this time, a mall vendor accepted a tender of defense and handling of the case was transferred to another local firm. After discovery was completed, the court proceeded to rule on Mr. Terry’s motion for summary judgment and granted it.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – At the beginning of each year, many people purchase memberships at athletic clubs. Although executed during optimistic times these membership agreements are still enforceable during less happy times. Las Vegas shareholder Kevin Diamond was retained to represent a national chain of athletic clubs in a local lawsuit filed by a customer. The customer claimed he had been using a treadmill when it suddenly stopped. This stop caused him to fall and be injured.

Mr. Diamond filed a motion seeking to dismiss the lawsuit. He noted the membership agreement the customer executed expressly addressed this situation. In exchange for access to the club, the customer also expressly released the club from liability from any injury sustained while using the facilities. The language was clear and plainly in the contract. The district court agreed and dismissed the lawsuit.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Kevin Diamond, visit us online at www.thorndal.com or contact us at (702) 366-0622.

RENO – Reno shareholder Brent Kolvet today prevailed in an appeal before the federal Court of Appeals for the Ninth Circuit. The plaintiffs, Sierra Nevada SW Enterprises, LTD and Nevada Northwest, LLC, are developers of commercial and residential projects in Douglas County, Nevada. They filed a lawsuit in Nevada’s federal court alleging Douglas County’s approval of a neighboring commercial project under different ownership violated Plaintiffs’ procedural and substantive due process rights under the U.S. Constitution. Plaintiffs also alleged that the approval of the neighboring commercial project was a denial of equal protection and resulted in a regulatory taking of their property rights. Plaintiffs’ claims were based on the theory that Douglas County had approved the neighboring developer’s project with different conditions resulting in the new project having an unfair advantage over Plaintiffs’ developments.

Mr. Kolvet, assisted on brief by associate Brandon Price, successfully argued first to the district court that the lawsuit was unfounded. On appeal, the court agreed again with Mr. Kolvet. The Ninth Circuit agreed with Douglas County that Plaintiffs’ complaint failed to make sufficient allegations that the County had deprived them of a constitutionally protected property interest. At most the Plaintiff’s complaint alleged there may have been less value in their property as an “indirect impact” of Douglas County’s action but that indirect harm does not support a claim for procedural or substantive due process. The Court also agreed with Douglas County that the complaint failed to adequately plead a claim for equal protection or that the County’s approval of the neighboring project resulted in a taking of Plaintiff’s property.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger, Brent Kolvet, visit us online at www.thorndal.com or contact us at (775) 786-2882.

LAS VEGAS -- Today shareholder Kevin Diamond successfully reunited a mother and daughter who had been separated for the safety and well being of the minor daughter for approximately two years. Mr. Diamond volunteered to represent the 16 year old minor on behalf of the Legal Aid Center of Southern Nevada’s Children’s Attorney Project. She and her four siblings had been separated from their mother and placed in foster care due to a dangerous domestic situation. Over the next two years the mother complied with court orders to improve the domestic situation for her children and eliminate the danger. Mr. Diamond’s client steadfastly asserted she wanted to be reunited with her mother if she complied.

The court today ruled this reunification could occur. Although subject to ongoing, periodic monitoring, the family was finally back together after two long years of separation. “My client just wanted to help her mother and her family reunite in a safe home. I am glad to play a part in helping this story have a happier ending than so many others,” said Mr. Diamond.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. Mr. Diamond himself has also received the prestigious Martindale-Hubbell AV rating. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Kevin Diamond, visit us online at www.thorndal.com or contact us at (702) 366-0622.

RENO – A Pershing County jury today ruled the Lovelock city pool did not defame or otherwise harm a pool user who was trespassed from the property. In July, 2008 a male resident attended a water aerobics class at the Lovelock municipal pool. Following the class, a lifeguard and two participants complained the male resident had engaged in self-gratifying behavior in the pool. As a result of these complaints, the male resident was prohibited from returning to the pool without first obtaining permission.

The male resident responded by filing a complaint with the Nevada Equal Rights Commission alleging the pool discriminated against him due to his gender. The pool hired Reno shareholder Kathy Parks to defend it. The Commission closed its investigation without finding evidence of discrimination. Undeterred, the male resident filed a lawsuit alleging a variety of damages. The case ultimately proceeded to trial on allegations of defamation, intentional infliction of emotional distress and negligent infliction of emotional distress. The male resident claimed the allegations as to his conduct in the pool has caused him to be ostracized from his community, receive death threats and suffer post-traumatic stress disorder. The male resident asked the jury to award him more than $1,000,000. The jury instead agreed with Ms. Parks, who was assisted at trial by Brandon Price, and issued a defense verdict.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs. For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Kathy Parks, visit us online at www.thorndal.com or contact us at (775) 786-2882.

LAS VEGAS – A Boulder City police officer and the Boulder City Police Department were today dismissed from a lawsuit filed by a man convicted of illegally dumping motor oil. A witness observed the event and reported it to police. Police investigated and cited the person who dumped the oil. The officer testified at both the initial trial and subsequent de novo trial as to what he observed and the facts of his investigation. The individual who was cited was twice convicted of a misdemeanor pursuant to NRS 444.583.

The individual then sued the police officer and the Boulder City Police Department, alleging intentional misrepresentation, slander and improper/inadequate investigation. Philip Goodhart was retained to defend both and immediately filed a motion to dismiss. Mr. Goodhart argued that the statements of the police officer and the department were absolutely privileged because they occurred during a judicial proceeding or, alternatively, were entitled to qualified immunity because the statements were made in the investigation of a complaint. Mr. Goodhart also argued that Plaintiff's claims were barred because his criminal conviction had not been modified, overturned or reversed. The district court agreed and dismissed the suit.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide representing clients in all manner of premise and negligent security claims, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Philip Goodhart visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – A local district court today dismissed a lawsuit in which it appeared the plaintiff sued the wrong bus company. A passenger alleged in her lawsuit that a Veolia Transportation Services, Inc., bus driver closed the front doors of the bus on her while she was boarding. She claimed this injured her neck and required a four level fusion in her cervical spine. Veolia had no record of the accident ever occurring. It hired shareholder Brian Terry and senior associate Michael Lowry to defend the lawsuit. During deposition, the passenger was asked to describe the bus involved in the accident. She described a type of bus Veolia does not utilize in Las Vegas. She was also asked to describe the Veolia driver who caused the incident. She only described the driver as a white male. When shown pictures of the only two white male drivers on that route that day, the passenger testified neither of them was involved in the incident.

Discovery was particularly contentious as the passenger accused Veolia of hiding or destroying video recordings of the accident. Veolia had not done so because, as the passenger’s testimony made clear, the accident did not occur on its bus. Veolia filed a motion for summary judgment arguing the passenger could not prove the accident occurred on its bus based upon the passenger’s deposition testimony. The court once continued the motion to allow the passenger to conduct additional discovery she claimed was necessary. This discovery was ultimately of no assistance. The court today granted the motion, dismissing the case.

“This was a well earned win for Veolia,” said Mr. Lowry. “They were suspicious of this lawsuit from the beginning and, it turned out, for good reason. I am glad the court agreed with them.”

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – A Las Vegas court ruled today that a failure to serve a complaint upon a defendant for 16 months after the lawsuit was filed is grounds for dismissal. A woman tripped and fell in an airport and claimed injury. She claimed the fall was due to the actions of an employee working for the airport's wheelchair service company. She then filed suit against three entities who may have been responsible for providing wheelchair services. Senior associate Michael Lowry defended all three.

After filing suit, the woman served only one of the three entities. She then failed to follow court scheduling rules that are designed to move cases forward to resolution. Mr. Lowry filed a motion to dismiss, which was granted as to the first entity.

Mr. Lowry then filed a motion to dismiss the remaining two entities who had received service of process notifying them of the lawsuit. He noted the court's rules were specific as to when and how these entities should have been served. They were not served although the information needed to do so was publicly available. The court granted the motion, dismissing the case entirely.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Michael Lowry, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – A Las Vegas arbitrator today determined security guards for downtown casino did not act inappropriately in responding to a belligerent guest. The casino had video coverage of the event at issue, which played a substantial factor in the case. The video showed the guest parking his personal car in a restricted parking area. Casino security responded. Security officers testified they and the casino’s valet parking employees informed the guest that he could not park his car in this area and requested he move it to another location. The guest refused to cooperate and verbally berated the employees and security officers. The video also revealed that the guest’s physical movements were quite animated. When the guest made what the security officers felt was a threatening move towards them, they restrained the guest and contacted police. The guest’s account, claiming security attacked him, was not supported by the video evidence.

Shareholder James Jackson defended the casino. “Security officers have a tough job and sometimes must deal with unpleasant situations. I am glad in this case video evidence was available to support their testimony.”

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs. For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or James Jackson, visit us online at www.thorndal.com or contact us at (702) 366-0622

LAS VEGAS – A Las Vegas casino client is breathing easier today after shareholder Kevin Diamond prevailed in a private, binding arbitration which determined the casino was only responsible for 17% of a large, six-figure settlement between three different defendants. A customer in the casino claimed she was injured as a result of a slip and fall accident. She was subsequently involved in a car accident as well and filed lawsuits from each. The parties elected to settle all claims with the plaintiff, the defendants then submitted their disputes as to who was responsible for the majority of the injuries to an arbitrator.

The arbitrator’s award agreed with Mr. Diamond’s arguments. Although there was disagreement as to whether sufficient warning signage was present to prevent the slip and fall, the arbitrator concluded the casino’s third-party cleaning service failed to clean the area as it was required to do. The arbitrator also apportioned the majority of the injuries the customer sustained to the subsequent car accident rather than the slip and fall. This substantially limited the casino’s responsibility for the settlement.

“The client recognized the customer had been injured and wanted to do what was right here,” said Mr. Diamond. “Fortunately, the arbitrator recognized as we had argued all along, creating an equitable distribution of responsibility for these injuries.”

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients in premises liability matters. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Kevin Diamond, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – A Las Vegas district court has granted a motion to dismiss filed by associate Ken Lund. A commercial maintenance contractor retained firm president Brian Terry and Lund to defend its interests in an alleged slip-and-fall incident at a major Las Vegas Strip retail property. Because the plaintiff resided out of state, Lund filed a demand for a statutory non-resident security. When plaintiff failed to timely comply, Lund moved for dismissal and ultimately obtained dismissal of his client. This win very early in the case saved the client from incurring substantial legal fees.

Mr. Lund noted “Nevada statutes provide important procedural protections for defending parties which we work hard to ensure are scrupulously enforced by the courts.”

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients in premises liability matters. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Ken Lund, visit us online at www.thorndal.com or contact us at (702) 366-0622.

RENO – A California resident who claimed she was injured while boarding an airline's flight at Reno-Tahoe International Airport sued the airline. The airline then retained Craig Delk, head of the firm’s aviation defense practice, and Kathy Parks of the Reno office to defend it. The accident occurred on August 27, 2009 and the passenger filed a complaint before the deadline to do so in 2011. She did not effect service of process to give the airline formal notice of the lawsuit until August 1, 2012.

Mr. Delk and Ms. Parks moved to dismiss the lawsuit. They were assisted on the motion by associate Brandon Price. Nevada’s Rules of Civil Procedure specifically require a person filing a lawsuit to serve it upon the defendants within 120 days after the lawsuit is filed. Extensions are possible, but must be justified and requested from the court. Here, the airline was not served for almost one year after the lawsuit was filed. No extension had ever been requested from the court. Mr. Delk and Ms. Parks argued this violated the rule and hurt the airline’s defense because nearly three years had passed, making it far more difficult to locate witnesses and evidence.

Today a Reno court agreed with Mr. Delk and Ms. Parks. It found the passenger should have encountered no difficulties serving the airline, made no effort to do so and the delay had prejudiced the airline.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Craig R. Delk, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – Firm president Brian Terry was retained by a commercial maintenance contractor to defend against a plaintiff’s allegation that it failed to keep its floors clear of hazards, causing her injury. The fall occurred at a high-end store on the Las Vegas Strip. Associate Ken Lund worked with the contractor’s local employees and developed a winning strategy for defending the lawsuit. “Our clients take great pride in keeping their businesses safe for patrons,” expressed Lund. “One of our main objectives as trial counsel is to ensure the jury, judge, or arbitrator fully comprehends and appreciates how our clients execute their well designed policies, practices, and procedures.” Using this approach, Lund persuaded the arbitrator the retail property and the maintenance contractor were not liable for the plaintiff’s slip-and-fall.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients in premises liability matters. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Brian K. Terry, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – A well-regarded Las Vegas surgeon retained firm president Brian Terry to defend him from a complaint a former patient filed with the Nevada State Board of Medical Examiners. Associate Ken Lund worked with the surgeon to defend against claims the patient's surgery had been performed negligently. Terry and Lund, after working closely with the surgeon to understand all aspects of the surgery and the surgeon’s standard of care, formally responded to the Board. The Board was persuaded that no further action was warranted and confidentially dismissed the claim.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients in premises liability matters. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Brian K. Terry, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – Brian Terry was retained by a franchisee of a national hotel chain to defend it from a suit by a British tourist who claimed she was injured at the hotel when she fell off a chair located in her hotel room. The tourist returned to Britain after the fall, where she obtained medical treatment and complained of ongoing symptoms.

Once discovery opened, Mr. Terry began the process of preparing a defense. This included seeking the tourist’s deposition and an independent medical examination. The tourist insisted the deposition and medical examination occur in Britain and failed to appear for them when appropriately noticed. Mr. Terry then obtained a court order requiring the tourist to come to Las Vegas for both. The tourist stipulated to dismiss the entire lawsuit shortly afterwards.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide representing clients in all manner of premise claims, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Brian Terry, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS - Attorneys Brian Terry and Greg Schulman were retained to represent an attorney in a professional liability suit filed by a former corporate client. The case was heavily contested as both parties to it asserted affirmative claims.

In 2008, as a result of a lawsuit between the company and attorney, who was the company’s general counsel, a settlement agreement was reached whereby the company agreed to make monthly payments to the attorney for three years. The company stopped making the monthly payments as required by the settlement agreement. The attorney sued the company to enforce the settlement agreement. The company countersued, alleging the attorney fraudulently induced it into entering into the settlement and further alleging the attorney, while acting as the company’s general counsel, committed legal malpractice resulting in damages in excess of $2 million.

After extensive discovery and a three week bench trial, the court held the company was not fraudulently induced into entering into the settlement agreement. The court ordered the company to pay the attorney pursuant to the terms of the settlement agreement. The attorney was also awarded $650,000 in fees and costs spent enforcing his rights to the original settlement and fighting the company’s fraudulent inducement claim.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide representing clients statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger, Brian Terry or Greg Schulman visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – James Jackson was retained by a large, local hotel-casino in a case concerning a shooting on property resulting in serious injuries to one guest. The guest filed a lawsuit against the hotel-casino claiming it failed to protect him from the shooting.

Mr. Jackson was assisted in the investigation and defense of this case by associate Michael Lowry. They learned the guest and his male friend came to the hotel-casino that night to meet two women. The friend admitted to police later he knew within minutes the women were prostitutes, a statement he denied later. The group met and drank for several hours. During the festivities, Plaintiff rented a room in the hotel and the party moved upstairs. Along the way up to the room, the group stopped in a gift shop to purchase a variety of supplies. They then passed the hotel’s key checkpoint and proceeded upstairs.

Sometime later, one of the alleged prostitutes left the room and took a key card with her. She returned to the casino floor where she met up with her pimp. The two then used the key card to pass the key checkpoint and returned to the room to perform what is known as a “trick-roll.” A “trick-roll” occurs when someone hires a prostitute and is then robbed in some manner. The pimp then entered the room and pointed a gun at Plaintiff and his male friend. A physical struggle followed and the gun eventually fired, severely injuring the Plaintiff. With the aid of the hotel-casino, the pimp and prostitutes were eventually caught and convicted.

Plaintiff sued the hotel, not the pimp and the prostitutes, for his injuries. He claimed the hotel should somehow have identified the pimp and prostitute as such and removed them from the premises before he took the prostitutes upstairs. Plaintiff denied, however, that he actually ever knew the women were prostitutes. Plaintiff did not state how the hotel could have identified the women as prostitutes when he could not.

The liability of hotel-casinos for criminal acts of others is governed by statute in Nevada. In order to impose liability, a plaintiff must demonstrate either the hotel-casino had knowledge of repeated prior, similar occurrences or failed to take basic, minimum security precautions. Mr. Jackson moved for summary judgment because hotel had no knowledge of anything like this happening before and had security measures in place well beyond the basic minimum required. The court ultimately agreed and dismissed the case.

“Certainly my client does not want to see anyone injured, here the guest simply reaped what he sowed,” said Mr. Jackson. “Prostitution is illegal in Las Vegas and by choosing to participate in that criminal act, the guest exposed himself to the risks associated with it.”

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide representing clients in all manner of premise and negligent security claims, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or James Jackson visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS - Las Vegas shareholder James Jackson was retained by a large local cab company to defend it and its driver against a lawsuit filed by a passenger. On Halloween, 2010 the cab was driving the passenger home when an SUV swerved in front of the cab, cut across three lanes of traffic, drove through a gas station lot and then disappeared. The cab driver took evasive action and managed to avoid being hit by the SUV. As he came to a stop, a car behind the cab who also took evasive action bumped the cab. The passenger later claimed this bump injured him and required him to obtain more than $17,000 in medical treatment.

The passenger sued the cab company and the other car. The SUV could not be identified. The cab driver and the company both stated they did nothing wrong.

The case proceeded to arbitration. The arbitrator reviewed the available video of the accident and agreed the cab driver and company did nothing wrong. A defense verdict resulted. As a result, the cab company was able to request that the passenger pay its attorneys’ fees and costs for defending the lawsuit.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or James Jackson, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – Shareholder Craig Delk was asked by a national insurance carrier to defend it against bad faith claims filed in Carson City. The purchaser of the insurance policy claimed he had never been notified of certain changes to the coverage he purchased. When he attempted to collect benefits arising from the wrongful death of a family member in a car he thought was covered by the policy, the insurance carrier disputed the claim, and a lawsuit was filed.

When a complaint is filed in state court, several rules are triggered to help keep cases moving toward a resolution and to eliminate those that are not. NRCP 16.1 requires that the parties meet and conduct an early case conference before starting discovery. The purpose is to mandate a face to face meeting in which the path to a resolution is discussed and memorialized. The party filing the lawsuit has a specific amount of time after the first defendant appears to conduct this conference. If it does not, the case may be dismissed without prejudice “unless there are compelling and extraordinary circumstances.”

Here, the plaintiff policyholder failed to conduct this conference within the time the rule requires, and Mr. Delk moved the court to dismiss the case. After intensive briefing, the court concluded the plaintiff failed to follow the rules concerning the early case conference and dismissed the case.

“If you cannot resolve your dispute on your own and must file a lawsuit, our courts want that lawsuit to get resolved in a reasonable amount of time. This is the plain intent of the rules,” stated Mr. Delk. “If the rules are not followed, the court will resolve the case for you and that is what happened here.”

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide representing clients in all manner of first party and bad faith cases, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Craig Delk visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS - Las Vegas shareholder Craig Delk was retained to represent a driver who had allegedly bumped the car in front of him. The impact left no damage to either car and occurred at approximately 0.5 miles per hour. The occupant of the car in front then filed suit. Mr. Delk's client could not even confirm he made contact with the plaintiff's car and also argued it was impossible for injury to result. The plaintiff in the car in front obtained nearly $40,000 of medical bills that she claimed were caused by this contact.

During the course of the case, Mr. Delk served an offer of judgment in a certain amount, which was not accepted. When the case proceeded to an arbitration hearing, the plaintiff obtained only $12,500 for this collision, far less than the medical damages. This amount was less than the offer of judgment, thus Mr. Delk's client was able to seek reimbursement from the plaintiff for the attorneys' fees and costs spent defending against the case.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Craig Delk, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – Shareholder Kevin Diamond was retained by a local casino to defend it against a personal injury claim filed against it. A customer visited the casino on a windy day and claimed an exterior door had closed on his wrist, causing him injuries.

The casino denied that it was responsible for the wind blowing a door shut on his wrist and the customer admitted he knew it was a windy day. Mr. Diamond took the case to arbitration where plaintiff attempted to argue an ADA standard applied to this door. Mr. Diamond rebutted by noting this standard was not in effect at the time of the incident. Plaintiff then failed to offer any testimony that the casino had created any particular risk with this door that was not caused by the wind. Despite this, the plaintiff asked the arbitrator to award him $50,000. The arbitrator ultimately agreed with Mr. Diamond and concluded plaintiff failed to demonstrate negligence by the casino.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs. For more information about Thorndal Armstrong Delk Balkenbush & Eisinger and Kevin Diamond visit us online, at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – Today a Las Vegas jury determined that a local hotel-casino was not responsible for the injuries claimed by a woman who fell while she was exiting the shower of her hotel room. Shareholders Chris Curtis and Kevin Diamond were retained to represent the hotel-casino and tried the case to the jury. It was alleged that the disparity in the height of the bathtub floor and the bathroom floor, the purported inadequacy of the bathmat, and the lack of warning signs constituted a dangerous condition that caused the the plaintiff to fall when exiting the shower/tub. The woman sustained a fractured hip, and later died of unrelated issues. The plaintiffs' arguments were supported by expert witnesses, who performed various tests in the subject bathroom and treated the plaintiff for her injuries. The attorneys for the family asked the jury to award $1.12 million dollars in damages.

The defense team assembled experts to refute the plaintiffs' claims, but argued to the jury that common sense should prevail, since the fall was in fact merely an unfortunate accident, and was not the result of any negligence by the hotel. The jury agreed, and after the week long trial, returned a defense verdict.

"Our client was truly sorry that the guest fell and was injured but, despite what was argued during the trial, it was not their fault,” said Mr. Curtis. “I am glad the jury worked through the evidence so thoroughly and agreed," said Mr. Diamond.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs. For more information about Thorndal Armstrong Delk Balkenbush & Eisinger, Chris Curtis and Kevin Diamond visit us online, at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – Shareholder James Jackson was retained by a national tire retailer to defend it against in a lawsuit where a family of four claimed a tire failed on their SUV and caused a rollover accident. The three family members who were in the SUV at the time claimed a multitude of injuries requiring expensive medical treatment. The fourth member claimed property damage and emotional distress. None, however, could positively testify the tire in question had actually been purchased from the retailer’s store.

During the course of the lawsuit associate Michael Lowry sent written discovery to the plaintiffs, asking them to provide certain information about their claim. For instance, if they were injured they needed to provide the medical records showing what treatment they received. If the tire was purchased from the retailer, they needed to provide the documents showing it had been purchased there. Plaintiffs refused to provide this information. As a result the court granted the retailer’s motion to compel, but even then the plaintiffs refused to provide the information. Finally, the court dismissed the case with prejudice due to their failure to follow the court’s orders.

“Filing a lawsuit does not give anyone a free pass,” said Mr. Jackson. “If you are going to file something in court, you need to be prepared to prove it. The plaintiffs here were not and dismissal was the right result.”

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or James Jackson, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – Today Deborah Elsasser convinced a Las Vegas arbitrator to rule in favor of a company selling at-home waxing supplies. Ms. Elsasser was retained to defend the company against claims by a female who bought the product and claimed to have suffered injuries when she used it. Ms. Elsasser deposed the woman and learned she had warmed the wax to be applied for longer than the safety warning on the jar recommended. When the case proceeded to arbitration, Ms. Elsasser noted for the arbitrator this constituted a misuse of the product as the warning label had clearly instructed the plaintiff against acting in this exact manner.

“Warning labels on a product are there for the customer’s safety. They should not be ignored as occurred here,” said Ms. Elsasser.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs. For more information about Thorndal Armstrong Delk Balkenbush & Eisinger and Deborah Elsasser visit us online, at www.thorndal.com or contact us at (702) 366-0622.

RENO – Shareholder Charlie Burcham was retained by a prominent Reno attorney to defend him in a lawsuit disputing ownership of a 640 acre alfalfa ranch worth in excess of $1,000,000, located in rural Nevada. In 2006 a former lessee of the ranch assigned all of his interest to the current owner. However, in 2009 the lessee then filed suit claiming the contract had been breached and seeking to restore ownership of the ranch to himself.

After conducting substantial discovery, Mr. Burcham and associate Kevin Pick filed a motion for summary judgment, seeking to dismiss the entire lawsuit.

The motion was argued over a period of two days, after which the court agreed with Mr. Burcham and dismissed the case.

"This is a satisfying win for the client," said Mr. Burcham. "He maintained throughout this case that he had honored the terms of the contract and he was the rightful owner of the ranch. I'm glad at the end of the day the judge agreed."

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Charlie Burcham, visit us online at www.thorndal.com or contact us at (775) 786-2882.

RENO – The firm was retained to represent a district attorney from one of Nevada’s rural counties against lawsuits filed by a former employee. After the employee was asked to resign for engaging in a number of indiscretions, the plaintiff filed suit in federal court and asserted a number of civil rights claims. The federal court granted summary judgment in favor of the district attorney with respect to all federal claims.

The plaintiff re-filed suit in state court for the purpose of asserting certain remaining state law claims. A motion to dismiss was filed, wherein it was argued that the district attorney was entitled to immunity under Nevada’s anti-SLAPP statute. An anti-SLAPP or “strategic lawsuit against public participation” statute is designed to protect individuals from retaliatory lawsuits for petitioning to the government in good faith. The state district court dismissed plaintiff’s lawsuit on the grounds that the district attorney was immune from liability under Nevada’s anti-SLAPP statute.

The former employee then appealed to the Supreme Court of Nevada. The Court agreed that the lawsuit was properly dismissed. The Court recognized that Nevada’s anti-SLAPP statute simply requires that statements be made in good faith on a matter that reasonably concerns the governmental entity and, as long as the person making the statement was provided reasonably reliable information by someone else, the district attorney could pass this information on without suffering the consequences of a defamation lawsuit.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Steve Balkenbush, visit us online at www.thorndal.com or contact us at (775) 786-2882.

RENO – Reno attorneys Bob Balkenbush and Thierry Barkley were retained by a workers compensation carrier to seek declaratory relief that the excess policy it issued to a county government was not triggered by certain claims asserted by various emergency workers. At issue was the date of occurrence and whether this was defined as a covered loss. The estimated value of the two permanent, total disability claims giving rise to the suit was between $1,500,000 and $2,000,000. The county counter-sued for insurance bad faith.

The case was heard in federal court and the carrier moved for summary judgment. In considering the motion, the court ruled entirely in the carrier’s favor. It determined the date of occurrence, as defined by Nevada case law, was in 2000, which precluded coverage under a policy ending in 1990. The court also found the carrier had properly notified the county of a coverage dispute as to the occurrence date and had not waived its right to contest this point. Finally, the court also entered summary judgment as to the county’s counter-claims, noting the county had failed to offer any evidence that the carrier acted in bad faith.

Upon learning of the ruling, Mr. Balkenbush said, “We are happy the court reached the right result. At the end of the day, this complicated case boiled down to a very simple issue about dates and whether the carrier acted appropriately. I am pleased the court concluded that they did.”

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger, Bob Balkenbush or Thierry Barkley, visit us online at www.thorndal.com or contact us at (775) 786-2882.

LAS VEGAS - Craig Delk was retained to represent a local tow truck company in a lawsuit arising from a collision involving two plaintiffs. While liability was not in dispute as the tow truck did rear-end plaintiffs' car, there was a factual dispute as to whether one of the plaintiffs was actually in the vehicle at the time of the subject incident based upon the documentation completed at the scene. The driver had completed an incident report and police report listing one man's name, but the passenger who filed suit was not of that name. Both plaintiffs alleged numerous injuries arising out of the accident and incurred extensive medical treatment.

The case proceeded to arbitration. During the hearing, the arbitrator reviewed the evidence and listened to the testimony of both plaintiffs. The arbitrator concluded their testimony did not explain the discrepancy between the documentation completed at the accident scene, which identified another individual as the passenger, and yet plaintiff claimed he was actually involved in the accident. Given this, the arbitrator refused to award the passenger anything and issued a reduced award to the driver.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Craig Delk, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – Las Vegas shareholder Phil Goodhart was asked to represent the city manager of Mesquite against a case arising from the construction of a cell phone tower. The tower owner claimed the city manager and others had made comments about its tower as opposed to a competing tower proposal that interfered with the owner’s contractual rights and business advantages. These comments were made at both public meetings and in internal communications as to competing cell phone tower proposals.

Mr. Goodhart asked the court to dismiss the case against the city manager. He noted some of the comments were made during board meetings of public agencies considering the proposals. Other comments were made through internal communications as to these proposals. The court concluded all were protected communications under Nevada’s Anti-SLAPP statutes because they addressed a matter then pending before the agencies. As a result, the case was dismissed.

“This is the right result,” said Mr. Goodhart. “The case was about attempting to prevent members of public agencies from criticizing or commenting on competing proposals before them. Democracy and government do not work when public officials cannot do their jobs by discussing how best to act.”

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Phil Goodhart, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – Brian Terry was retained to represent a commercial real estate developer in a lawsuit by the lender, an Arizona bank, seeking to obtain a deficiency judgment against the developer. The lender had provided financing for development of real estate in Laughlin, Nevada, secured by the property. While the property securing the loan was located in Nevada, the parties entered into the loan in Arizona. When the southern Nevada economy imploded in the recent economic difficulties, the project could not go forward. The lender then foreclosed upon the property but did not recoup all of the money loaned to the developer because of a decrease in property value. The lender filed suit in Las Vegas attempting to obtain the deficiency judgment for the balance owed of more than $5,000,000.

While the lender filed the lawsuit within six months of the foreclosure as required by Nevada law, the lender failed to file its claims within 90 days as required by Arizona law. Associate Greg Schulman assisted Mr. Terry and moved for summary judgment, arguing Arizona law applied to the lender’s claims. Providing an analysis of complex conflicts of law and choice of law issues, the court agreed that Arizona law applied to the lender’s claims, applied Arizona’s 90 day statute of limitations and dismissed the lender’s claims as being untimely.

“The local economy has been very difficult for several years now and claims like this have become increasingly common as lenders and developers find themselves unable to continue a project. Thankfully, in hard economic times we were able to assist our client to avoid a worse situation created by a bank trying to improperly pursue its claims,” noted Mr. Terry.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm represents clients in all manner of Nevada commercial and business matters.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Brian Terry, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS -- Shareholder James Jackson was retained to represent a large local cab company in a case where the plaintiff rear-ended a cab that was stopped along the side of the road. The plaintiff claimed the cab suddenly began to turn in front of her, causing the rear-end collision and obtained nearly $10,000 of medical treatment. Video of the collision, however, simply showed the cab stopped along the side of the road when plaintiff ran into it. This clearly contradicted Plaintiff's recollection and undermined her credibility.

The case proceeded to arbitration, handled by associate Michael Lowry. The arbitrator's ruling concluded the plaintiff's negligence exceeded any of the cab company. A defense verdict resulted.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm represents transportation clients in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or James Jackson, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – A large local cab company retained shareholder James Jackson to defend it against a case filed by a passenger who fell out of her seat while riding in a cab. The passenger never complained of injury while in the cab and only sought medical treatment some time later after returning home to New Jersey. She claimed falling out of her seat had caused more than $166,000 in medical damages.

During discovery significant doubts were raised as to the veracity of these injuries. First, Nevada law explicitly requires taxi cab passengers to wear seat-belts. This passenger did not but would not had fallen had she taken this simple precaution. Second, as trial neared, the passenger failed to disclose witnesses who could testify her medical treatment was caused by the fall from her seat. As a result the cab company moved to dismiss the case. The court agreed and concluded without doctors to testify that the fall caused the need for this treatment, the passenger could not prove her case.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm represents transportation clients in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or James Jackson, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – Chris Curtis was retained by a local general contractor to defend it from a lawsuit that alleged construction related defects in the failed $350 million Manhattan West mixed-used project in southwest Las Vegas. The project started at the height of the local Las Vegas real estate boom but was ultimately abandoned. One of the investors in this project filed the lawsuit, claiming the general contractor had failed during the construction to prevent or correct certain construction deficiencies and sought millions in damages.

Mr. Curtis with the assistance of associate Michael Lowry undertook an intense investigation of the financial documentation, and prior transactions in the case, and ultimately discovered that the financier technically did not have a sufficient basis to claim an ownership interest in Manhattan West, and therefore had no standing to sue the firm's client. A motion to dismiss the lawsuit was filed shortly thereafter, arguing that the financier was essentially seeking damages to property it did not own. In reviewing the highly contested motion, the district court agreed the financier did not own the property and was subsequently prohibited from filing suit at this time.

“This is a very good result for the client,” noted Mr. Curtis. “Had the court not granted this motion at this very early stage, this case would have gone on for years and cost millions of dollars to defend to achieve the same result. I’m quite pleased that we were able to save my client that expense.”

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide representing clients in all manner of construction claims, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Christopher Curtis visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS -- Shareholder James Jackson was retained to represent a large local cab company where its driver had rear-ended another car in traffic. There was no dispute that the accident occurred, however the plaintiff has obtained more than $17,000 in medical treatment. She admitted at the arbitration hearing, handled by associate Michael Lowry, that much of the treatment did not help and she was unsure why the physicians kept referring her for more treatment.

The Plaintiff requested a sizable award given the medical bills. Mr. Lowry noted argued the Plaintiff deserved to be compensated only for certain treatment shortly after the accident that did in fact benefit her. The arbitrator agreed and issued an award of less than $6,000.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm represents transportation clients in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or James Jackson, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS – James Jackson was asked to defend a local casino in a case where a customer in a bowling alley had fallen and sustained serious injuries. The customer had filed suit and alleged he had been forced to obtain nearly $190,000 in medical treatment as a result of the fall.

The customer claimed as he was in his approach for his very first shot of the day, his foot "stuck" to the floor, causing his fall. The customer, however, never saw any hazard on the floor, nor did his teammates. Nevada law requires that, in order to hold a bowling alley responsible for injuries resulting from a fall like this, the customer must show a hazard existed. The customer must also show the bowling alley created the hazard, knew of the hazard or should have known of the hazard.

As trial neared Mr. Jackson, with the help of associate Michael Lowry, filed a motion with the court arguing the bowling alley was not responsible for the customer's injuries. He noted multiple witnesses were deposed but none, including the customer, could state what caused the fall. As a result, the customer could not show a hazard existed on the lane he was bowling, let alone that the bowling alley created the hazard, knew of it or should have known of it. The court agreed and dismissed the case.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide representing clients in all manner of premise claims, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or James Jackson visit us online at www.thorndal.com or contact us at (702) 366-0622.

RENO – The Ninth Circuit today issued a published decision upholding the constitutionality of Incline Village General Improvement District’s ordinances restricting beach access to those who resided within its 1968 boundaries. Reno shareholders Steve Balkenbush & Kathy Parks were retained to defend the District against a lawsuit filed by Frank Wright, who resided outside the 1968 boundaries but demanded beach access. Mr. Wright argued the ordinance preventing him from accessing the beach was unconstitutional under both the first and fourteenth amendments to the federal constitution. The District successfully defended against the claim in district court, but Mr. Wright appealed.

In a 21 page ruling, the Ninth Circuit agreed with the ruling of the district court. It determined “the beaches are not a traditional public forum, and that Wright's exclusion from the beaches does not violate either his First Amendment or Fourteenth Amendment rights.”

"We are quite glad the Ninth Circuit agreed these ordinances are constitutional and clarified their application to those living in the Lake Tahoe area,” noted Ms. Parks.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger, Steve Balkenbush or Kathy Parks, visit us online at www.thorndal.com or contact us at (775) 786-2882.

LAS VEGAS – Craig Delk was retained to defend a component part manufacturer in a wrongful death claim arising from the purported failure of landing gear on a small, private plane. Plaintiff claimed the component part was an integrated part of the landing gear and its failure to deploy. Mr. Delk moved for summary judgment, however, as Plaintiff did not substantiate his claim with the required expert testimony whereas the defense expert found no evidence of defect. Plaintiff could not state whether, among the litany of parts constituting the landing gear system, whether it was the part Mr. Delk’s client manufactured that was the cause of the failure. The court agreed and dismissed Mr. Delk’s client from the case.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide representing clients in all manner of product liability claims, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Craig Delk visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS -- Brian Terry was retained to defend Washington, D.C. based trade show operator Solar Energy Trade Shows, LLC. The company is responsible for the organizing and operating large scale conventions relevant to the promotion of the solar energy industry. The company was sued in Nevada by a publisher of certain trade show dailies for refusing to lease booth space at a 2010 convention unless the publisher agreed to certain terms due to prior conduct at a 2009 convention. The publisher claimed an unknown amount of damage.

With the help of associate Michael Lowry, a motion to dismiss for lack of personal jurisdiction was filed. SETS argued both the 2009 and 2010 conventions occurred in southern California. It also argued it had no minimum contacts with Nevada that would give the court jurisdiction to hear the case. SETS won the motion to dismiss. It also prevailed against the publisher’s request that the court reconsider its prior ruling based upon new evidence. The order dismissing the case is now final.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide representing clients in all manner of commercial disputes, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Brian Terry visit us online at www.thorndal.com or contact us at (702) 366-0622.

RENO – Reno attorneys Steve Balkenbush and Brandon Price were retained to represent a local movie theater against a slip and fall case brought by a female customer. The customer slipped and fell in a bathroom after the theater’s employees had just finished cleaning the bathroom floor of vomit. As part of their cleaning procedures, the employees placed two warning signs including a tall yellow cone to warn movie-goers the floor could be slippery. The customer who fell walked past both cones immediately prior to her fall.

At the time of her fall the customer was in her early 50s. She claimed the fall caused an unusually complicated femur fracture necessitating the implantation of a rod. Her doctors also initially claimed the customer would need a total knee replacement due to the fall. Her claimed resulting medical bills were approximately $85,000. She also claimed her medical treatment caused her to miss work and lose $50,000 of income.

At trial, the customer demanded the jury award her $680,000. However Messrs. Balkenbush and Price argued the movie theater acted reasonably by following its own policy of placing two warning cones to advise guests of the slippery floor. The customer simply ignored these warning signs, but the movie theater did nothing wrong. They also cross-examined the customer’s doctors, who withdrew their opinion that a total knee replacement was needed. After deliberating, the jury awarded a defense verdict to the movie theater.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm represents retail clients in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Steve Balkenbush, visit us online at www.thorndal.com or contact us at (775) 786-2882.

LAS VEGAS -- Shareholder Chris Curtis was retained to represent a Behavioral Health Services facility located in another state. The facility had been sued, however, in Nevada. The former patient, himself a local physician, claimed he was forced to treat outside the state and had received improper medical care.

Mr. Curtis, with the assistance of associate Meghan Goodwin, moved the court to dismiss the plaintiff physician's claims on the grounds that Nevada lacked jurisdiction over the firm's client. After receiving this motion, the plaintiff physician sought extensive negotiations which resulted in agreement to simply dismiss the case with prejudice. This dismissal saved Mr. Curtis’ client from the significant costs of defending a lawsuit.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide with experience in medical malpractice claims, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Chris Curtis visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS -- James Jacksonwas retained to represent a local cab company in a lawsuit arising from a collision at Caesar's Palace. The collision occurred when two cabs from different companies collided in an intersection. The plaintiff claimed Mr. Jackson's client failed to stop at a stop sign and yield the right-of-way. Plaintiff claimed the collision had caused her the need for back surgery.

The case proceeded to arbitration, wherein associate Michael Lowry participated. During the hearing the arbitrator reviewed in detail the video footage from Plaintiff's cab recording the accident. The arbitrator concluded the accident was primarily caused by Plaintiff's failure to stop for her own stop sign. If she had stopped as required, she would not have been in a position to have been struck. Furthermore, the traffic blocking the intersection and Plaintiff's view of Mr. Jackson's client would have cleared. As the arbitrator determined Plaintiff was more than 51% responsible, he found in favor of Mr. Jackson's client.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm represents transportation clients in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or James Jackson, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS -- Today the Supreme Court of Nevada issued a ruling dismissing the appeal of a case where a common carrier bus company retained shareholder Brian Terry and associate Michael Lowry. A passenger alleged he had been injured while riding a bus, but his claim was dismissed by the district court. Messrs. Terry and Lowry argued on appeal, however, the passenger had failed to preserve his right to appeal the dismissal because he had failed to contest the issue in the district court. The Supreme Court agreed and summarily dismissed the appeal.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Brian Terry, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS -- Shareholder James Jackson was retained to represent a beverage distributor from personal injury claims arising from a sideswipe incident at a local intersection. Throughout the course of discovery the distributor maintained he had the green light and that Plaintiff had run the red light at the intersection. This theory of defense was presented at arbitration.

The arbitrator concluded Plaintiff failed to meet their burden of proof to demonstrate the distributor acted negligently. Without evidence to hold the distributor liable, the arbitrator entered a defense verdict.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide representing commercial entites, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or James Jackson, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS -- Shareholder Kevin Diamond was retained to represent the interests of the South Point Hotel Casino in a lawsuit involving a trip-and-fall. Plaintiff was an elderly female who tripped over a casino employee. She suffered a hip fracture that necessitated surgery. The female claimed the casino was responsible for more than $98,000 in medical bills. At trial she requested the jury award her about $475,000.

Mr. Diamond was able to show the jury video tape of the actual accident. The tape clearly demonstrated the hotel employee was bent over, cleaning between slot machines immediately before the elderly female apparently tripped over the back of his legs. Despite this video evidence, Plaintiff claimed the hotel employee had somehow caused her fall and injury. The jury took only 30 minutes to unanimously decide the casino was not responsible for the fall.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide representing resort properties, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Kevin Diamond, visit us online at www.thorndal.com or contact us at (702) 366-0622.

LAS VEGAS -- Firm president Brian Terry was retained by fixed-route bus common carrier to defend it against a complaint arising from a purported collision in which Plaintiffs claimed more than $400,000 in medical damages. Mr. Terry utilized the assistance of Michael Lowry to defend the bus company’s interests. During the course of the case Plaintiffs refused to respond to written discovery or appear for their depositions. Plaintiffs were sanctioned however still refused to comply with both court rules and orders.

Mr. Terry subsequently moved to dismiss due to blatant discovery abuse. The court noted the violations of its previous orders and concluded further lesser sanctions would be ineffective. Plaintiffs’ complaint was thus dismissed with prejudice.

Thorndal Armstrong Delk Balkenbush & Eisinger is a Martindale-Hubbell AV-peer-rated law firm committed to providing the highest quality legal representation to its clients. With attorneys statewide representing transportation providers, the firm is capable of assisting in all manner of Nevada legal needs.

For more information about Thorndal Armstrong Delk Balkenbush & Eisinger or Brian Terry, visit us online at www.thorndal.com or contact us at (702) 366-0622.