Our Results Archive
  • Jun 5, 2014
    Delk Bites Back in Dog Case

    LAS VEGAS – Dog bites can be traumatizing and dangerous. If a person knows of a dog’s dangerous propensities and fails to take protective action, they might be liable for the damages the dog causes.

    A local landlord rented a home to a tenant. The tenant disclosed he would be living with a pet dog, but failed to disclose the dog had at least one prior biting incident. The dog later severely mauled a young woman who visited the tenant. The provocation was unclear as the woman had visited the tenant before without problem. The guest sued the tenant and the landlord.

    The landlord hired shareholder Craig Delk to defend her. Mr. Delk investigated and confirmed she had no knowledge of the prior bite, and in any event she had not assumed a duty to protect guests as required by Nevada law in these circumstances. The court agreed that the landlord had not assumed any duty to the guest, and summary judgment was granted.

    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.


  • Jun 5, 2014
    Delk Gets Right Result at Trial

    LAS VEGAS – Shareholder Craig Delk succeeded in holding the line on an excessive claim at trial. Mr. Delk was retained to try a case where the defendant admitted negligence, but disputed whether the plaintiff had been injured to the extent claimed. The collision was not insignificant, but the plaintiff declined medical transport from the scene. He later claimed more than $21,000 in medical bills and asserted he would someday need surgery.

    Mr. Delk disputed all of these claims. Through discovery, it was determined that surgery was only one of several possible contingent treatment options, and that most of plaintiff’s complaints were probably attributable to a long-standing degenerative back condition from years working in the construction field. At trial, the plaintiff asked for more than $100,000 in past and future damages. The judge hearing the bench trial agreed with Mr. Delk that the damages were less and awarded only $52,000.

    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 is capable of assisting in all manner of Nevada legal needs.


  • Apr 25, 2014
    Terry & Lowry Win for Stirling Club

    LAS VEGAS – Today a local court granted summary judgment where a disgruntled club member sought a refund of dues paid. In 2005 a member of the now defunct Stirling Club assaulted another member and was suspended. The offending member was contractually obligated to continue paying dues regardless of his suspension. The suspension ended in 2009. From 2005 through 2009 the offending member was, however, barred from using club facilities. The offending member sued Stirling Club, seeking a refund of all dues paid during his suspension since he was denied access to the club.

    The Stirling Club hired Brian Terry to defend it. As he and associate Michael Lowry investigated, it became clear the offending member filed his claim after the statute of limitations expired. He attempted to avoid this problem by listing a different date in his complaint. The issue of which date controlled was vigorously disputed throughout the case.

    After sufficient evidence was gathered, Messrs. Terry and Lowry asked the court to dismiss the case. Days before trial, the court agreed that the earlier date controlled, the statute of limitations had expired 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.


  • Feb 13, 2014
    Eisinger Wins in Supreme Court

    LAS VEGAS – Today the Supreme Court of Nevada agreed with Las Vegas shareholder Paul Eisinger and dismissed a sexual assault case. It was alleged that a maintenance supervisor of an apartment complex sexually assaulted a child, who resided (tenant) in the complex with his mother. The maintenance supervisor is currently in prison. The parents sued the apartment complex and the property management company. The latter hired Mr. Eisinger to defend them.

    The employee’s conduct is known as an intentional tort and Nevada law is very specific as to when an employer is responsible for an employee’s intentional torts. The district court first agreed with Mr. Eisinger that the apartment complex and the property management company were not responsible for the employee’s conduct because the conduct was not reasonably foreseeable. Although the employee had a prior criminal history concerning drug offenses, he had no previous convictions for sexual crimes and the apartment complex and the property management company had never received complaints of a sexually inappropriate or criminal behavior about him. The Supreme Court agreed on appeal.

    “What the employee did to this child was inexcusable,” said Mr. Eisinger. “The apartment complex, however, could not have known this would happen and I am glad the Court placed the blame squarely on the employee where it belonged.”

    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.


  • Feb 11, 2014
    Federal Judge Dismisses All Claims Brought by Convicted Online Poker Payment Processor

    LAS VEGAS – A United States district court judge today dismissed a lawsuit against a noted gaming attorney represented by Las Vegas shareholder Brian K. Terry. The lawsuit was filed by a convicted online poker payment processor who pleaded guilty in 2012 to conspiring to commit bank fraud and operate an illegal gambling business. The processor’s indictment and eventual guilty plea were part of the United States government’s “Black Friday” crackdown on internet poker in 2011. While serving five months in federal prison, the processor filed a lawsuit against Terry’s client, falsely claiming, among other things, that the attorney had misled him about the legality of internet poker processing.

    Mr. Terry, with the assistance of Las Vegas senior associate Ken Lund and Reno associate Brandon Price, removed the case from state court to federal court and moved to dismiss the processor’s eight causes of action. In the motion, Mr. Terry pointed out the processor’s allegations were contradicted by sworn statements he made to a federal judge during his allocution in connection with his guilty plea.

    The federal court agreed and dismissed all claims, holding the processor “admitted he knew online poker constituted illegal gambling” and “acknowledged that he had criminal intent and processed poker payments without relying on advice of defense counsel.” The court also ratified Mr. Terry’s argument that the processor was barred by the doctrine of judicial estoppel from “making a factual assertion in a legal proceeding which directly contradicts an earlier assertion made in . . . a prior one.”

    “Wrongful allegations by a former client in a civil lawsuit are among the most disruptive and upsetting events an attorney can endure,” noted Ken Lund. “It brings us great satisfaction when we can obtain prompt dismissal of such claims to allow the attorneys we represent in such lawsuits to turn their full attention back to their own practices.”

    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 professional malpractice claims, the firm is capable of assisting in all manner of Nevada legal needs.


  • Jan 24, 2014
    Case Dismissed for Lack of Jurisdiction

    LAS VEGAS – Late today a local federal court dismissed a personal injury lawsuit against a national convenience store chain because the court lacked jurisdiction. A woman asserted she slipped, fell and was injured at one of the chain's California stores. The woman lived in Las Vegas and decided to file suit here.

    The convenience store hired shareholder James Jackson to defend it. Mr. Jackson moved to dismiss the entire lawsuit. To sue the convenience store in Nevada for negligence that allegedly occurred in California, the customer was required to show Nevada was the convenience store's home state. As the convenience store had a small percentage of its stores in Nevada and its corporate headquarters were in other states, Nevada was not its "home." Senior associate Michael Lowry assisted with the briefing. 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 represents transportation clients in all manner of Nevada legal needs.


  • Dec 13, 2013
    Lowry Earns Defense Verdict

    LAS VEGAS – Today a local jury ruled a Henderson car repair shop was not responsible for the injuries of an unattended kindergartner in the store. The lawsuit arose from an oil change appointment. As the father was leaving he was escorted to his truck by one employee and stopped to discuss other services his truck needed with a second employee. As the father did so, he lost sight of his 5 year old daughter.

    In the meantime, the first employee returned to the shop and walked through the garage door. There was nothing in the path. He then turned around to close the door and still saw nothing in the door’s path. Finally, the employee then reached up and began closing the manually operated door. Only as the door neared the ground did he see the girl for the first time. The door made contact with her back and caused minor bruising.

    The girl’s family sued the car repair shop and argued the employee should have known the girl would step into the doorway. The repair shop hired senior associate Michael Lowry to defend it. The case went to trial where a jury decided the employee’s actions checking the garage’s entry way twice immediately before closing the door were appropriate and that he was not responsible for the girl’s 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. 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 Michael Lowry, visit us online at www.thorndal.com or contact us at (702) 366-0622.


  • Nov 15, 2013
    Curtis & Goodwin Prevail in Advertising Contract Dispute

    RENO - Shareholder Chris Curtis was retained by a Washoe County advertising agency to defend claims that the company had breached its contract with one of its vendor/clients, which sought to invalidate the contract to avoid money owed for prior services. The allegations included claims of price fixing and a breach of the Covenant of Good Faith and Fair Dealing. Meghan Goodwin assisted in the handling of the matter with co-counsel. Discovery was conducted to show that the vendor/client in fact had no evidence to support its claims. At the close of discovery, Curtis and Goodwin filed a Motion for Summary Judgment asking the court to rule, based on the facts adduced during discovery, that the vendor/client could not prevail as a matter of law. Three days before the start of the trial, the Court agreed with the agency's arguments, entered judgment in favor of the agency, and vacated the trial. The agency is currently seeking an award of its fees and costs.

    "It was the right decision, and allowed us to avoid the expense associated with an unnecessary trial on the merits," Curtis stated. "We were confident we would prevail at trial, and are pleased that the Court agreed with our position in a pretrial ruling, " said Goodwin.

    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 Meghan Goodwin visit us online at www.thorndal.com or contact us at (702) 366-0622.


  • Nov 7, 2013
    Pick Defends Local Casino

    RENO – A Reno arbitrator issued a defense verdict in favor of a local casino, in a case arising from a 2010 trip and fall accident. The Plaintiff was a customer at the local casino and claimed that she tripped on the sidewalk outside the casino’s side-entrance. The Plaintiff suffered a fractured shoulder and claimed $30,000 in damages.

    The local casino was defended at the arbitration by associate Kevin Pick. At the arbitration, Mr. Pick’s cross-examination of the Plaintiff revealed significant inconsistencies in the Plaintiff’s case, including the exact location of the Plaintiff’s fall and the condition of the sidewalk at issue. Based on the evidence presented by the defense and the inconsistencies in the Plaintiff’s case, the arbitrator found that the Plaintiff failed to present any evidence that her fall occurred because of any negligent conduct by the local casino. The arbitrator found in favor of the local casino and granted an award of costs against the Plaintiff.

    Today a Reno district court accepted the arbitrator’s decision and issued a final judgment in favor of the local 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 represents transportation clients in all manner of Nevada legal needs.

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


  • Nov 1, 2013
    Supreme Court Affirms Summary Judgment

    RENO – The Supreme Court of Nevada today affirmed summary judgment earned by Reno shareholder Charles Burcham. Two former employees of a local car dealership sued, alleging they were wrongfully terminated. The employees claimed the dealership terminated them for whistle blowing activities. The dealership denied any wrongdoing and hired Mr. Burcham to defend it.

    The district court first agreed with Mr. Burcham that even if the dealership had done anything wrong, the two employees were not protected whistle blowers. On appeal the Supreme Court also agreed. It concluded Nevada law is very clear that an employee is only a protected whistle blower if the alleged illegal activities are reported to public authorities. The law does not protect employees who only report these activities internally as this does not protect the public good.

    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 Charles Burcham, visit us online at www.thorndal.com or contact us at (702) 366-0622.


  • Oct 15, 2013
    Terry Successfully Defends Law Firm’s Notary

    LAS VEGAS – Today a Las Vegas court ruled a real estate investor failed to prove his claim against a law firm notary who verified signatures on deeds of trust and other related closing documents. The investor alleged he did not execute the deeds of trust for a $2,500,000 loan secured by two properties. The investor sued the notary of a local law firm who notarized his signature upon the deeds of trust. The investor also sought to hold the law firm responsible if the notary was negligent.

    Shareholder Brian Terry was retained to defend the notary and the law firm and was assisted by senior associate Michael Lowry. Mr. Terry moved the court to dismiss the case. Notaries are not forensic experts on signatures and can only follow the statutes and procedures designed to deter and detect fraud. Even if the appropriate standard of care is met, in given circumstances fraud may still occur. Mr. Terry argued the investor had no evidence the notary deviated from the required standard of care. Ultimately, the court agreed and dismissed the case as to both the notary and the law firm.

    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 Brian Terry, visit us online at www.thorndal.com or contact us at (702) 366-0622.


  • Sep 5, 2013
    Court Rules Policy Endorsement Not Ambiguous

    LAS VEGAS – A Las Vegas District Court granted summary judgment in a bad faith case involving the interpretation of a Forgery and Alteration Endorsement of a Commercial General Liability Policy. Las Vegas shareholder, Philip Goodhart , was retained to defend an insurance company that had been sued by its insured for denying a claim that arose out of a fraud that had been committed on the insured by a Chinese vendor. According to the insured, the Chinese vendor had instructed his company to wire monies to a particular bank account for goods that he had ordered. After completing the wire transfer, the insured learned of the fraud and sought reimbursement from his insurance company under the terms of his insurance policy.

    After the insurance company denied the claim, the insured filed suit in District Court, claiming damages in excess of $50,000 and also seeking punitive damages. Shortly after receiving the defense of the case, Mr. Goodhart filed a Motion for Summary Judgment, arguing that the Forgery and Alteration Endorsement at issue was not ambiguous and did not provide coverage to the insured based on the facts as presented. After consideration of the facts and applicable case law, Judge Jerry Wiese agreed with Mr. Goodhart’s analysis and granted his Motion for Summary Judgment, finding that the endorsement at issue, and accompanying coverage grant, clearly did not apply to the facts of the insured’s loss.

    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 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.


  • Aug 29, 2013
    Delk Successfully Defends DJ

    LAS VEGAS – During a listener appreciation event jointly hosted by a popular rock radio station and local hotel/casino, defendant DJ and plaintiff ex-DJ became embroiled in a physical altercation over perceived wrongs perpetrated by the other. Each denied fault, and claimed the other was the aggressor. Plaintiff filed suit alleging assault and battery, and defendant asserted self-defense. The facts adduced at trial could have supported a verdict for either plaintiff or defendant.

    Shareholder Craig Delk represented defendant DJ, and argued that his client should be exonerated from liability as having acted in self-defense; but in the alternative, Mr. Delk proposed the somewhat unusual theory that the jury should find that both men engaged in a "mutual affray," thus barring recovery of damages by either. Plaintiff's attorney asked the jury for $500,000 based upon the plaintiff's loss of peripheral vision in his right eye. Defendant DJ made a pre-trial offer of $25,000, but at trial, Mr. Delk argued liability only. Jury found mutual affray, thus allowing Mr. Delk's client to avoid all damage exposure.

    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 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.


  • Aug 28, 2013
    Kolvet Successfully Defends Elko County in Lawsuit

    RENO – Reno shareholder Brent Kolvetwas retained to represent Elko County and county personnel in a federal suit brought by two former Elko County volunteers. The volunteers alleged that Elko County, county personnel and the State of Nevada conspired to violate their rights to free speech and due process, under the U.S. Constitution, in addition to various provisions of Nevada law.

    After conducting discovery, Mr. Kolvet and Reno associate Kevin Pick filed a motion for summary judgment, seeking the dismissal of the entire lawsuit. The federal court granted the motion and issued a lengthy decision, finding that Plaintiffs’ constitutional rights were not violated and that the Plaintiffs could not raise any legitimate federal claims. Accordingly, the Court 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 represents transportation clients in all manner of Nevada legal needs.

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


  • Jul 31, 2013
    Delk Defeats Attempt to Expand Liability for Spoliation

    LAS VEGAS – Nevada is known for strong winds, which are sometimes destructive and result in lawsuits. One lawsuit arose when, during a windstorm, the bed cover of a pick-up truck blew off and struck the plaintiff in the head, causing a serious brain injury. The owner of the pick-up truck was able to settle with the injured plaintiff prior to litigation being filed, but the plaintiff ultimately sued the bed cover manufacturer alleging the cover was defective. As the suit progressed, the manufacturer filed a third-party complaint against the truck owner claiming the owner was negligent in securing the bed cover on the day of the accident, and had spoliated evidence which prejudiced the manufacturer’s ability to defend itself. In an attempt to get around the fact that Nevada does not recognize a cause of action for spoliation of evidence per se, the manufacturer sought to compel the owner of the pick-up truck to pay—as a “sanction”-- any damages caused by the owner’s negligence by proposing that the liability of both manufacturer and owner should be several liability only.

    Las Vegas shareholder Craig Delkwas retained to defend the owner, and moved to dismiss the manufacturer’s third-party complaint. He first noted that the Supreme Court of Nevada has previously ruled that negligent conduct cannot be used to defend against a products liability claim. He also argued that NRS 41.141 expressly prohibits several liability in a products liability case. Allowing the manufacturer to assert several liability based on the owner’s negligence, thus limiting the plaintiff’s ability to collect all of her damages against the manufacturer under the joint and several liability statute, would in effect be to allow the manufacturer to assert a negligence defense (based on the truck owner’s conduct) to the plaintiff’s independent product claim against the manufacturer. The district court agreed that this would have been contrary to Nevada law, and dismissed the manufacturer’s third-party complaint against the owner.

    “This was a unique and fairly convoluted factual scenario, but the Nevada Supreme Court has made it pretty clear that product cases are different in kind from negligence cases and are to be tried on their own merits, and the District Court was not about to allow this attempted end-run around well-established Nevada law.” said Mr. Delk.

    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.


  • Jul 25, 2013
    Lowry Defenses Cab Case at Trial

    LAS VEGAS – Although justice may sometimes be slow, for one local cab driver, justice has finally arrived. The cab driver, working for Las Vegas’ largest cab company, was driving two men home after a long Halloween party when another car suddenly cut across three lanes of traffic to make a right-hand turn. The cab driver swerved and hit the brakes, successfully avoiding a potentially serious accident. While avoiding one accident, however, the cab was rear-ended by another car. One passenger in the cab claimed he was injured and sued the cab driver. The entire event was recorded on video.

    The cab driver and his company retained the law firm to represent their interests and senior associate Michael Lowry handled the case. The passenger argued he had incurred more than $18,000 in medical damages. As the cab driver did nothing wrong, the case went to trial where the court dismissed Plaintiff’s 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 Michael Lowry, visit us online at www.thorndal.com or contact us at (702) 366-0622.


  • Jun 6, 2013
    Real Estate Investment Suit Thrown Out

    LAS VEGAS – In the last several years many Americans have bore the brunt of what turned out to be bad real estate investment decisions, especially in Las Vegas. No one, however, has a guaranteed legal right to sell their home at a profit. A Las Vegas real estate investor purchased a distressed residential property with the intent of renovating and then reselling the property for a profit. Before the property could be sold, a California law firm representing a party suing the investor in a California lawsuit placed a lien against the house, complicating efforts to sell it.

    The California lawsuit was dismissed and the investor sued the California law firm who recorded the lien and its client, alleging they prevented him from selling the house for a profit. Shareholder Brian Terry was retained to defend them. During discovery, Greg Schulman, Of Counsel with the firm and working with Mr. Terry in defending the lawsuit, obtained evidence the lien had not prevented the sale of the home. The investor had rejected several offers before the lien was recorded. He then held on to the home in a declining real estate market. Under these circumstances, a Nevada district court granted the creditor and law firm’s motion for summary judgment, ending the case. The court also held while the California lawsuit was dismissed, the lien was placed on the Las Vegas home in good faith.

    “This investor simply made poor business decisions,” noted Mr. Terry. “The fact a lien was recorded against the home to recover a debt he allegedly owed had nothing to do with his poor decisions.”

    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.


  • Jun 4, 2013
    Diamond Wins for Subcontractor

    LAS VEGAS – Everyone wants something for nothing. This is sometimes true even in the construction industry. After the project is complete, the subcontractor must often fight to get paid for its work. Shareholder Kevin Diamond was hired by one local subcontractor to fight for payment after worked was performed on a large project.

    The general contractor denied that any money was owed and claimed the subcontract supported this position. Mr. Diamond fought this denial for more than a year before the case was submitted to a binding arbitration. At the arbitration hearing, Mr. Diamond presented evidence and witnesses to support the subcontractor’s claim that it performed the work appropriately and was owed money under the contract. After the hearing, the arbitrator ruled in favor of Mr. Diamond’s client and also permitted it to recover its attorneys’ fees spent trying to recoup its money.

    "Contractual disputes are common in the construction arena, but this was a particularly frustrating case for my client. They met their obligations under the contract and just wanted to be paid for their work," 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 or Kevin Diamond, visit us online at www.thorndal.com or contact us at (702) 366-0622


  • Jun 3, 2013
    Jackson Helps Improve Justice Court Funding

    CARSON CITY – Some of Nevada’s hardest working courts are the Justice Courts. A Justice of the Peace is typically the first judge those facing criminal charges will see and they handle the avalanche of misdemeanor criminal trials. They also oversee all civil cases where less than $10,000 is in dispute, including small claims court and landlord/tenant eviction cases. When the majority of Nevadans are required to go to court, they go to a Justice Court.

    Unfortunately, the funding for Justice Courts has not kept up with Nevada’s explosive population growth. Even the fees the Courts are permitted to charge had not changed since 1993. This prevented the courts from improving security, their facilities to handle the large increase in cases since 1993 and from resolving disputes in an efficient manner.

    The Nevada Judges of Limited Jurisdiction association retained shareholder James Jackson, as part of his governmental relations practice, to assist in their efforts to persuade the Legislature to revise the funding structure to the Justice Courts to provide much needed revenue. Past attempts to raise the fees necessary to cover the costs of the operations and functions of the Justice Court in civil matters have been vetoed or not passed through the Nevada Legislature. With Mr. Jackson’s assistance, the 2013 Nevada Legislature passed this common sense solution.

    “This has been at least an eight year effort to successfully get this legislation passed. AB 54 enjoyed broad bi-partisan support of Nevada’s Legislators. Governor Sandoval’s signing of AB 54 will allow Nevada’s Justice Courts to better serve Nevada’s citizens, and relieve the burden on counties in supporting the Court’s functions,” stated Mr. Jackson.

    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


  • May 28, 2013
    Marshalls Not Liable for Fall

    LAS VEGAS – Large retail chains like Marshalls are sometimes involved in lawsuits by customers claiming they tripped and fell due to a problem with the floor of the store. When Marshalls was sued by a Las Vegas customer claiming injuries due to a fall, it hired senior associate Michael Lowry to defend it.

    The customer was walking through a checkout line in stiletto heels when she tripped and fell over a depression in the floor. She claimed permanent injury to her hip from the fall. The customer claimed the problem was a “hole” in the floor, but it was actually a small depression. Her lawsuit claimed as a result of her permanent injuries, she was permanently unable to return to work. She calculated her loss wages were more slightly less than $1,500,000.

    To prove Marshalls was responsible for her injuries, Nevada law required the customer to show Marshalls either created the depression, knew the depression was present prior to the fall and failed to fix it, or knew this problem happened all the time with the floors and failed to correct it. Mr. Lowry’s investigation of the case determined Marshalls had none of this knowledge, so he filed a motion asking the court to dismiss the case. The court granted the motion.

    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


  • Mar 29, 2013
    Lowry Wins Retail Slip and Fall Case

    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


  • Mar 14, 2013
    Athletic Club Not Responsible for Fall

    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.


  • Feb 19, 2013
    Town Square Mall Not Responsible for Injuries

    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.


  • Feb 5, 2013
    Diamond Enforces Athletic Club Membership Agreement

    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.


  • Feb 4, 2013
    Kolvet Successfully Defends Douglas County in Lawsuit

    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.


  • Jan 30, 2013
    Diamond Reunites Family

    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.


  • Jan 30, 2013
    Parks Defends Public Decency Case

    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.


  • Jan 22, 2013
    Goodhart Successfully Defends Police Officers

    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.


  • Jan 16, 2013
    Terry Prevails in Bus Case

    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.


  • Jan 8, 2013
    Case Dismissed After Plaintiff Fails to Serve

    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.


  • Jan 8, 2013
    Arbitrator Finds for Local Casino

    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


  • Nov 2, 2012
    Diamond Significantly Reduces Casino’s Exposure

    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.


  • Oct 25, 2012
    Lund Wins Dismissal of Commercial Maintenance Contractor

    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.


  • Oct 24, 2012
    Delk & Parks Win Due to Failure to Serve

    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.


  • Oct 19, 2012
    Defense Decision in Slip and Fall Arbitration

    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.


  • Oct 12, 2012
    Doctor Wins Dismissal of Administrative Complaint

    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.


  • Oct 11, 2012
    Potential Discovery Abuse Leads to Dismissal of Suit Against Hotel

    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.


  • Sep 28, 2012
    Terry & Schulman Defeat Legal Malpractice Case

    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.


  • Aug 23, 2012
    Defense Decision in Cab Accident

    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.