Our Results Archive
  • Jun 11, 2015
    Court Dismisses Bad Faith Claim Defended by Terry

    Merely moving from state A to state B does not mean you get to then sue people from state A in state B. Yet this is the factual scenario confronting an insurance company who hired Brian K. Terry to defend it from a bad faith claim. The company operated exclusively in one east coast state. Two residents of that state bought an insurance policy. They later moved to Nevada and tried to sue the insurance company for allegedly breaching its obligations under the insurance policy.

    Mr. Terry recommended the company file a motion to dismiss for lack of jurisdiction. The company had never done business in Nevada. It instead sold a policy to people in another state based on that state’s laws. Michael Lowry assisted Mr. Terry on the brief.

    Today United States District Court Judge Andrew Gordon granted the motion. “The key question is one of due process: would it be fair, based on [the company]’s contacts with Nevada, for it to expect to have to defend itself in a Nevada court. I find that it would not be fair.”


  • Jun 5, 2015
    Plaintiff Folds Days Before Trial

    The mere fact that an accident happened does not mean that someone was negligent and responsible for the damage. A guest at a casino in Las Vegas tripped, fell and was injured in the parking lot. The fall was on video and the injury was a broken bone, but the casino found nothing wrong with the parking lot and denied the guest’s request for compensation.

    The guest filed a lawsuit and the casino hired Las Vegas shareholder Kevin Diamond to defend it. Throughout discovery, Diamond too found nothing wrong with the parking lot. The guest hired an expert witness who examined the scene three years later and argued a joint in the parking lot’s surface was 0.125” too tall. Under deposition questioning from shareholder Michael Lowry, the expert conceded that because the joint was designed to move and he could not correlate his finding to the date when the guest fell three years earlier.

    As trial neared, Mr. Diamond filed a motion to exclude all of the guest’s medical damages because she had not disclosed expert witnesses to discuss them. After a contentious hearing, the judge granted the motion almost completely. The guest claimed the fall had cost her more than $62,000 in medical costs, but because she had not properly disclosed expert witnesses, at trial she could only discuss $2,300 of these costs. After this ruling, the case settled on very favorable terms for the casino.

    “I credit the client for sticking to its defense in this case,” said Diamond afterwards. “The casino did nothing wrong and the guest never proved otherwise.”


  • Jun 1, 2015
    Court of Appeals Affirms Litigation Privilege Ruling

    The Nevada Court of Appeals affirmed a judgment attorneys Brian Terry and Greg Schulman won for their client. The attorney-client had recorded a lis pendens on the claimant’s Nevada property based upon litigation claims in a California lawsuit. The property owner then sued the attorney, arguing he had slandered the property’s title because the lis pendens prevented the property’s sale for a profit before the Nevada real estate market crashed.

    The district court had granted summary judgment to the attorney for several reasons, including that the lis pendens was covered by the litigation privilege. This absolute privilege protects people from civil liability based upon communications published during the course of a lawsuit. The plaintiff appealed but the Court of Appeals affirmed.


  • May 21, 2015
    Diamond Helps Contractor Obtain License

    Shareholder Kevin Diamond appeared in front of the Nevada State Contractors Board for a client attempting to obtain a concrete cutting contractors license. The client's application had been denied on three prior occasions, before Diamond’s involvement. The client’s Qualified Employee was involved in an altercation seven years ago which resulted in a misdemeanor battery conviction. The prior denials were based upon the Contractors Board’s belief that the prior misdemeanor rendered the qualifying employee and therefore the client unfit for a license. Diamond argued that the employee was forthright about the prior conviction, paid his restitution and acknowledged a poor decision. However, the qualifying employee had no problems in seven years and is an active member of a number of charitable organizations. Diamond further argued that the Board should allow the employee and the company the ability to move forward. The Board agreed, granting the license.

    Diamond stated “I believe the Board realized that the qualifying employee paid his dues, owned up to his mistake and as a result should be allowed to be a productive member of the construction community in Las Vegas”.


  • Apr 30, 2015
    Lowry Convinces Plaintiff to Drop Case

    When a customer decides to sue a hospitality company for a slip and fall, they unfortunately tend to sue anyone and everyone who might in some remote way be connected to the company or property. This tactic can cause great consternation to the company because courts tend to let the customer drag out the discovery process at great expense before even considering dismissing the company.

    A building services provider hired shareholder Michael P. Lowry to defend it from such a claim. A customer fell in a lounge. She later sued the property and the building services provider. The building services provider, however, was only to be in the lounge upon request. Rather than wait for the discovery process to drag out, Mr. Lowry executed an early and aggressive deposition schedule to establish the building services provider had never been requested into the lounge on the day of the fall. After just four depositions, the customer agreed to voluntarily dismiss Mr. Lowry’s client.

    “These depositions had to be taken at some point but since the goal was to end the client’s involvement as soon as possible, so as to save on legal expenses, it was a calculated gamble to take them early,” said Mr. Lowry.


  • Apr 16, 2015
    Lowry Wins MSJ in Slip and Fall

    Slip and fall cases are one of the most common problems retail and hospitality clients confront. With the right defense strategy, however, clients are not defenseless.

    A national discount retailer retained shareholder Michael P. Lowry to defend it from a slip and fall claim. The customer involved alleged water was on the floor. After a course of discovery, it became apparent minimal evidence was available in the case. The customer could not demonstrate how the water got on the floor or how long it had been there before she fell.

    The retailer agreed with Mr. Lowry’s recommendation to seek summary judgment. The mere fact that water was on the floor did not prove that the retailer caused the water to be there. The court agreed and dismissed the case.


  • Feb 12, 2015
    Terry Wins 3 Cases in 1 Day

    LAS VEGAS – Winning one case is an accomplishment, winning three in one day is an extremely rare feat. Las Vegas shareholder Brian Terry was hired to defend three different local lawyers each sued for malpractice in different lawsuits. Each lawsuit had fatal weaknesses to the theory against the attorney and Mr. Terry moved for summary judgment as to all three.

    In the first case, a criminal defendant unhappy with his public defender sued the public defender for malpractice. This effectively stopped the criminal prosecution because the defendant’s constitutional right to counsel was impacted because he and counsel could not communicate. Mr. Terry moved to dismiss. Nevada’s public defenders are state employees protected by sovereign immunity. Further, even had they been private attorneys, the accused must demonstrate he was convicted due to the malpractice. Here, however, the accused had not yet been convicted. Summary judgment was entered dismissing the case.

    In the second case, two former clients of a private attorney alleged advice he provided and that they followed caused them to be criminally convicted of various crimes. Each served time in prison and filed unsuccessful petitions for writs of habeas corpus. After the legal malpractice suit was filed, however, the former clients delayed ever serving it. Despite years of stewing about the attorney’s negligence, the legal malpractice lawsuit was dismissed for failure to timely serve. As the statute of limitations had expired, the former clients were barred from re-filing.

    Finally, Mr. Terry was retained to defend an attorney from a malpractice claim arising from a tax lien negotiation matter. A client hired one attorney to negotiate a tax lien. The terms of the retainer provided the attorney certain incentive payments if the liens were reduced quickly. The tax lawyer claimed he reduced the liens within these times but the client refused to pay the incentives. The attorney sued for his bonus and then the client filed a third-party complaint against another attorney claiming he committed malpractice as her family lawyer.

    Nevada strictly limits third-party complaints to claims for contribution and equitable indemnity. The court first agreed with Mr. Terry that all claims except for equitable indemnity could not be pled in the third-party complaint. It then also agreed that for equitable indemnity to apply, Mr. Terry’s client had to be responsible for whatever damages the client caused the tax lawyer. This was impossible: the client affirmatively chose not to pay the tax lawyer. The case was then dismissed.


  • Jan 5, 2015
    Eisinger Starts 2015 With a Win

    LAS VEGAS – Everyone wants to have their day in court, but that day must be earned per court rules. This was the situation Paul Eisingerencountered in defending a Laughlin casino from a lawsuit filed by a Canadian guest who claimed she had fallen and been injured on the property. The guest filed the lawsuit but failed to meet any of the court deadlines imposed upon her to move the case forward to trial. Most importantly, she failed to open the discovery period for nearly 2 years. This prevented the casino from conducting its investigation of the merits of the case and defending itself.

    Mr. Eisinger asked the court to dismiss. With the assistance of Michael P. Lowry, he argued that the guest’s delays had materially prejudiced the casino’s ability to defend itself due to the passage of time. By the time the motion to dismiss was heard, more than four years had passed since the fall. The court rejected the guest’s sole excuse: a family illness that arose only after the deadlines had expired.

    The court concluded the guest had her opportunity to earn a day in court, but failed to earn it. The case was dismissed.


  • Dec 31, 2014
    Lowry SLAPPs Down Defamation Lawsuit

    LAS VEGAS – Attorney Michael P. Lowry ended 2014 by successfully defending a client’s freedom of speech rights in an intra-family dispute over a vulnerable family member. The family patriarch lived in New Jersey and his son commenced conservatorship proceedings there, claiming the patriarch was suffering from dementia and no longer able to care for himself. Another group of relatives disputed whether the patriarch was ill at all and objected to any conservatorship. Alternatively, if a conservator was needed, they strongly objected to the son serving in that role. The relatives created a website dedicated to locating potential witnesses and evidence that might support their argument that the son was an inappropriate conservator.

    Rather than demonstrate his qualifications in a New Jersey court, the son filed a defamation lawsuit in Nevada because one of the relatives lived here. The son claimed the website’s search for information about his qualifications had defamed him.

    Mr. Lowry was hired to defend the Nevada relative against this suit. Nevada has a strong history of protecting freedom of speech and in 2013 enacted some of the nation’s broadest protections known as anti-SLAPP laws, or Strategic Lawsuits Against Public Participation. Using lawsuits to silence critics is nothing new and anti-SLAPP laws are designed to prevent these lawsuits from accomplishing their goals. Mr. Lowry argued that the efforts to gather evidence about the son’s qualifications to be a conservator were protected by Nevada’s anti-SLAPP laws and the defamation claim was merely an attempt to silence a critic to gain an advantage. The district court agreed and dismissed the lawsuit.

    “Nevada does not tolerate using lawsuits to silence critics or stymie the debate about issues of public concern,” said Mr. Lowry. “I am glad to end the year with a good result for this client.”


  • Dec 4, 2014
    Diamond Obtains Dismissal for Hotel

    LAS VEGAS - Shareholder Kevin Diamond obtained a dismissal of a lawsuit brought by a man who claimed to have slipped and fallen on a French fry in a bowling alley of a hotel/casino. Diamond and his client maintained throughout the case that the maintenance and inspection procedures were proper in the bowling alley, and as a result the hotel/casino is not at fault for the claimed fall. As Diamond stated “the law in Nevada is clear that the fact that someone may have fallen in a hotel does not automatically mean the hotel is at fault. If the hotel can prove that it had reasonable procedures in place, the hotel should not be found at fault.”

    The local court agreed with Mr. Diamond and dismissed the case against his client.


  • Nov 13, 2014
    Delk Wins for Southwest Airlines

    LAS VEGAS - The mere fact that an accident happens does not mean that it was due to someone’s negligence. Yet this is exactly why one Nevada airline passenger sought to hold Southwest Airlines responsible for her fall on a jetway. She blamed the airline and filed a lawsuit.

    Southwest hired shareholder Craig Delk to defend it. Mr. Delk deposed the passenger who acknowledged that she could not identify the specific defect, hazard, or other condition that caused her to fall. Nor when viewing photographs of the jetway was she able to identify precisely where she fell, although she believed it was near one of the “metal strips” running across the jetway floor. Plaintiff’s granddaughter, who was with her at the time, gave similar testimony. If a passenger cannot identify what caused her to fall, the airline cannot be responsible for failing to protect her against some unidentified and unknown hazard.

    At Mr. Delk’s recommendation, Southwest filed a motion for summary judgment that the court granted.


  • Nov 10, 2014
    Balkenbush Wins in Supreme Court

    RENO – Today the Supreme Court of Nevada ended more than six years of litigation over who has the right to access certain beaches within the Incline Village General Improvement District and if an ordinance codifying the acquisition of these beaches was constitutional.

    In 1968 the District acquired certain lake front beach properties but the purchase was subject to a restriction that limited beach access to people living within the District’s 1968 boundaries. When another district merged with the Incline Village district, the new members who lived outside the 1968 boundaries were not permitted beach access, nor were they assessed for beach improvements.

    Reno shareholders Steve Balkenbush & Kathy Parks were retained to defend the District against a lawsuit filed by a resident who resided outside the 1968 boundaries but demanded beach access. The resident argued the ordinance preventing him from accessing the beach was unconstitutional because the District only had authority to obtain property for “public recreation.”

    The District successfully defended against the claim in district court, but the resident appealed. In a 14 page ruling, the Supreme Court, sitting en banc, unanimously agreed the resident had not met his burden of proof. As a result, the Supreme Court affirmed.


  • Oct 14, 2014
    Terry Defends Local Judge

    LAS VEGAS – Criminal defendants sometimes later sue their attorneys, claiming the conviction only resulted due to legal malpractice. Shareholder Brian K. Terry was retained to defend a local judge who was sued by a client arising from a conviction when the judge was in private practice.

    Mr. Terry immediately moved to dismiss the case and was assisted by associate Michael Lowry. The judge had been appointed to defend the criminal via a public defender program. The Supreme Court of Nevada has ruled attorneys functioning in that capacity are protected by sovereign immunity. The case against the judge was dismissed.


  • Sep 9, 2014
    Kolvet and Pick Successfully Defend School District

    RENO – Today, a Nevada district court dismissed a contentious lawsuit brought against a local school district by its former superintendent. In addition to various other claims, the former superintendent argued that the school district had breached her employment contract and that the Board of Trustees for the school district had violated various provisions of Nevada’s open meeting laws. Reno shareholder Brent Kolvet was retained to defend the school district and was assisted on the case by associate Kevin Pick.

    After conducting thorough discovery, Mr. Kolvet and Mr. Pick filed a motion for summary judgment, seeking the dismissal of the entire lawsuit. Ultimately, the court agreed with the school district, concluding the employment contract had not been breached and that there was no evidence indicating any violation of Nevada’s open meeting laws. Accordingly, the court dismissed the case.


  • 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.