As you may have seen in earlier blogs, Allstate’s Nevada Counsel has got himself into a lot of trouble with the Nevada Supreme Court and a number of District Courts and has incurred high sanctions.
I received this email update from Peter Chase Neumann, one of the attorneys keeping the heat on Allstate:
In the wrongful death case of Duncan Estate vs. Peri and Stratton, the Trial Court, Dept 4, granted plaintiff’s motion for new trial on 2-13-06. Order was based, inter alia, on misconduct of Emerson.
Emerson and the counsel for the co-defendant, Mr. Kolvet, appealed.
On April 4, 2007 the Supreme Court dismissed their appeal, for their failure to obtain a judgment on the defense verdict, prior to appealing. (Court had no jurisdiction to entertain appeal).
Emerson’s pet. for rehearing denied by supreme court May 18, 2007.
The case now set for re-trial 12 months hence, Sept. 15, 2008.
On July 24, 2007 plaintiffs filed a Motion to Impose Sanctions on Emerson and his client, Stratton.
On Aug 7, 2007, Emerson filed Opposition thereto.
Today, Aug 15, 2007, plaintiffs filed their REPLY thereto.
(If anyone wants a copy of the Reply email me or comment via this blog and I’ll get it to you. -Steve)
For more information on this subject matter, please review our section on Wrongful Death.
Steve is the Managing Shareholder of Steven J. Klearman & Associates, a civil litigation law firm located in Reno, Nevada. He practices primarily in the areas of civil litigation and injury law, and has authored one of the definitive guides to Nevada civil law that is widely used by Nevada judges and attorneys, his book entitled Elements of Nevada Legal Theories.