Attorney Articles
Neutralizing Aftershock: Managing Claims in Response to Shock Verdicts
August 16, 2024 - Claims Journal
Karen L. Bashor has significant litigation and trial experience with complex litigation and catastrophic injury defense, and currently serves as regional co-chair of the firm’s National Trial Team.
Karen’s practice has focused on crisis management and defending clients in high-exposure mass casualty events in virtually all areas, including mass shootings, products liability, health care, explosions and large transportation accidents. In addition to her role as trial counsel for such claims, Karen has been engaged as monitoring counsel on behalf of insurers for these types of cases.
Karen defends other complex and high-exposure matters involving claims for civil rights and medical malpractice. She also represents technology companies, transportation companies and aviation companies. Further, Karen defends other general liability claims, including premises claims on behalf of hotels, casinos, sports and entertainment arenas, and various national restaurants and retail establishments.
In addition, Karen advises on cannabis-related risks that are excluded or limited in traditional E&O policies. Karen also is retained on matters involving intellectual property claims.
Karen has handled several high -profile and highly sensitive cases. In addition to the high stakes that come with these claims, they sometimes involve sensitive subject matter, including claims of sexual assault. Karen has had experience defending against such claims – both civil and criminal cases – on behalf of various individuals and entities.
Karen has spoken at numerous events and presented several webinars for the insurance industry as a thought leader on hot topics impacting the industry. She has published various articles that can be found in the Nevada Lawyer magazine, the national industry-leading magazine Claims Litigation Management (CLM), Bloomberg Law, Reuters and Westlaw.
Karen is an active and well-respected member of the firm, her local legal community and in the industry. In 2022, Karen was accepted as a member of Chief, a private network built to drive more women into positions of power and keep them there. Chief is the only organization specifically designed for the most powerful women executives to strengthen their leadership, magnify their influence and pave the way to bring others with them.
Karen previously served as the Las Vegas regional representative to the firm’s Women Attorneys Valued & Empowered (WAVE) committee for five years, and also served on various subcommittees to organize national programs and local programs, as well as guide the firm’s mentorship program. She was named Wilson Elser’s “WAVE Maker of the Year” in 2017. Karen also served as a Board Member of the Southern Nevada Association of Women Attorneys. Karen is a pro bono volunteer with the Legal Aid Center of Southern Nevada and is the Las Vegas regional representative for the firm’s Pro Bono Committee. In 2019, the Nevada Supreme Court extended an invitation to Karen for a three-year appointment to the state Bench-Bar Committee, which she was honored to accept. Business Insurance selected her among a prestigious group of “Women to Watch” for 2021.
Karen also serves as the chair of the firm’s Asian American Pacific Islander Employee Resource Group and is a member of the newly established Filipino American Lawyers Association of Nevada.
Prior to joining Wilson Elser, Karen was a trailblazer as the first woman partner and first minority partner at a prominent Las Vegas law firm where she routinely handled large cases involving multimillion-dollar claims. Before that, she handled complex litigation in the area of medical malpractice involving individuals and facilities while at another large Nevada law firm. Karen began her law career in New Jersey, first at a small civil litigation firm where she received unparalleled experience, and then went on to serve as an Assistant Deputy Public Defender for the Adult Trial Division at the New Jersey Office of the Public Defender in Essex County, where she honed her trial skills. While there, Karen handled a large caseload providing constitutionally mandated legal representation for adults charged with felonies from pre-indictment to trial, successfully handling a number of jury trials and obtaining acquittals for clients, including those facing life imprisonment.
To date, Karen has handled civil and criminal jury trials successfully in state and federal court in Nevada and New Jersey. Karen is often retained to parachute into cases for trial.
Karen L. Bashor has significant litigation and trial experience with complex litigation and catastrophic injury defense, and currently serves as regional co-chair of the firm’s National Trial Team.
Karen’s practice has focused on crisis management and defending clients in high-exposure mass casualty events in virtually all areas, including mass shootings, products liability, health care, explosions and large transportation accidents. In addition to her role as trial counsel for such claims, Karen has been engaged as monitoring counsel on behalf of insurers for these types of cases.
Karen defends other complex and high-exposure matters involving claims for civil rights and medical malpractice. She also represents technology companies, transportation companies and aviation companies. Further, Karen defends other general liability claims, including premises claims on behalf of hotels, casinos, sports and entertainment arenas, and various national restaurants and retail establishments.
In addition, Karen advises on cannabis-related risks that are excluded or limited in traditional E&O policies. Karen also is retained on matters involving intellectual property claims.
Karen has handled several high -profile and highly sensitive cases. In addition to the high stakes that come with these claims, they sometimes involve sensitive subject matter, including claims of sexual assault. Karen has had experience defending against such claims – both civil and criminal cases – on behalf of various individuals and entities.
Karen has spoken at numerous events and presented several webinars for the insurance industry as a thought leader on hot topics impacting the industry. She has published various articles that can be found in the Nevada Lawyer magazine, the national industry-leading magazine Claims Litigation Management (CLM), Bloomberg Law, Reuters and Westlaw.
Karen is an active and well-respected member of the firm, her local legal community and in the industry. In 2022, Karen was accepted as a member of Chief, a private network built to drive more women into positions of power and keep them there. Chief is the only organization specifically designed for the most powerful women executives to strengthen their leadership, magnify their influence and pave the way to bring others with them.
Karen previously served as the Las Vegas regional representative to the firm’s Women Attorneys Valued & Empowered (WAVE) committee for five years, and also served on various subcommittees to organize national programs and local programs, as well as guide the firm’s mentorship program. She was named Wilson Elser’s “WAVE Maker of the Year” in 2017. Karen also served as a Board Member of the Southern Nevada Association of Women Attorneys. Karen is a pro bono volunteer with the Legal Aid Center of Southern Nevada and is the Las Vegas regional representative for the firm’s Pro Bono Committee. In 2019, the Nevada Supreme Court extended an invitation to Karen for a three-year appointment to the state Bench-Bar Committee, which she was honored to accept. Business Insurance selected her among a prestigious group of “Women to Watch” for 2021.
Karen also serves as the chair of the firm’s Asian American Pacific Islander Employee Resource Group and is a member of the newly established Filipino American Lawyers Association of Nevada.
Prior to joining Wilson Elser, Karen was a trailblazer as the first woman partner and first minority partner at a prominent Las Vegas law firm where she routinely handled large cases involving multimillion-dollar claims. Before that, she handled complex litigation in the area of medical malpractice involving individuals and facilities while at another large Nevada law firm. Karen began her law career in New Jersey, first at a small civil litigation firm where she received unparalleled experience, and then went on to serve as an Assistant Deputy Public Defender for the Adult Trial Division at the New Jersey Office of the Public Defender in Essex County, where she honed her trial skills. While there, Karen handled a large caseload providing constitutionally mandated legal representation for adults charged with felonies from pre-indictment to trial, successfully handling a number of jury trials and obtaining acquittals for clients, including those facing life imprisonment.
To date, Karen has handled civil and criminal jury trials successfully in state and federal court in Nevada and New Jersey. Karen is often retained to parachute into cases for trial.
Karen L. Bashor (Partner-Las Vegas, NV) and Elisa Wyatt (Of Counsel-Las Vegas, NV) secured a rare summary judgment in Las Vegas, Nevada, a notoriously plaintiff-friendly jurisdiction, in a fire case. The plaintiff initially brought suit claiming negligence and negligent hiring, training and supervision for injuries related to a three-alarm fire in the pool area of our client casino/ resort hotel. Through targeted discovery and expert preparation on behalf of the firm’s client, Karen and Elisa efficiently and aggressively litigated this case and postured it for dismissal by the court.
Karen L. Bashor and Elisa L. Wyatt
Karen L. Bashor (Partner-Las Vegas, NV) and Kimberly Nelson (Associate-Las Vegas, NV) obtained summary judgment on reconsideration in the District court of Clark County, Nevada on behalf of the firm’s clients – an esthetician/cosmetologist and her LLC. The plaintiff claimed her face was burned, scarred and left disfigured following a non-invasive cosmetic procedure, fibroblast. After filing an answer to plaintiff’s complaint, Karen and Kim filed their motion for summary judgement as a matter of law on the enforceability of a waiver of liability signed by the plaintiff, which waived, released and discharged defendants from all claims for liability, including personal injury arising out of negligence. The waiver included language that the plaintiff recognized side effects may occur. Our motion was denied because the waiver of liability did not include the word “burn” as a possible side effect. As Nevada case law does not require the specification of all plausible injuries for waiver of liability to be enforceable, Karen and Kim filed a motion for reconsideration. Two days prior to mediation, where the demand was near seven figures, the district court judge not only agreed the prior decision was erroneous warranting reconsideration, but granted summary judgment in favor of our clients on all causes of action, agreeing that the plain language of the waiver, warning of redness of the skin, inflammation and irritation, was sufficient to shield defendants from liability and dismiss the entire case.
Karen L. Bashor and Kimberly A. Nelson
Las Vegas partners Karen Bashor and Mark Severino and associate Taylor Buono obtained dismissal of a lawsuit brought one year after a pre-suit settlement was agreed and a release had been signed in a motor vehicle accident matter. Immediately after suit was filed, Karen, Mark and Taylor filed a motion to dismiss, or alternatively, a motion for summary judgment, asserting the release was binding and not void. The plaintiff opposed the motion contending the release was void under a new Nevada statute allowing a plaintiff to void a release signed within 30 days of an incident and without the advice of counsel. However, while plaintiff admitted she “consulted” with a law firm, she claimed she only spoke to a case manager rather than an attorney and never actually retained the law firm. Karen, Mark and Taylor argued that the statute did not require retention of counsel, and that plaintiff admitted she received legal advice at the time of signing the release. In the alternative, they argued that if plaintiff did not receive legal advice, she should be estopped from voiding the release because she intentionally misrepresented to the client that she had sought legal advice, which she used to negotiate a higher settlement. The Eighth Judicial District Court for Clark County agreed, finding that plaintiff received legal advice and/or that she misrepresented that she received legal advice to the client in order to induce a higher settlement. Therefore, the release remained enforceable and plaintiff's suit was dismissed.
Karen L. Bashor and Mark C. Severino
Karen L. Bashor (Partner-Las Vegas) , I-Che Lai (Associate-Las Vegas) and Gregg Tatarka (Partner-White Plains) prevailed on a motion for summary judgment in United States District Court, District of Nevada on behalf of a global electronics company where the Plaintiff alleged that a cell phone exploded in his hand, causing burns and requiring surgery. Plaintiff filed suit and demanded millions, asserting causes of action for strict products liability, negligence and breach of an implied warranty claim. Karen aggressively and extensively deposed both Plaintiff and Plaintiff’s expert in this matter. I-Che prepared a detailed brief with additional affidavits in support of Defendant’s Motion for Summary Judgment with the assistance of Gregg. Based on the deposition testimony of the Plaintiff, Plaintiff’s experts, and filed briefs, the Court granted Defendant’s motion. In summary, the Court agreed that Plaintiff’s case hinged on their expert. While the Court found the expert qualified given his extensive experience as an engineer, the Court deemed his opinions unreliable, particularly his failure to explain the methodology he employed to determine the manufacturing defect existed when the phone left Defendant’s possession, including a failure to rule out tampering. The Court further determined that Plaintiff’s negligence claim suffered from the same deficiency as, and was subsumed by, his strict product liability claim. Moreover, the Court noted Plaintiff failed to provide evidence that horizontal privity exists between him and defendant. Accordingly, the Court granted Defendant’s Motion for Summary Judgment with respect to Plaintiff’s breach of implied warranty claim as well.
Karen L. Bashor and Gregg A. Tatarka
Karen L. Bashor (Partner-Las Vegas, NV) and Las Vegas associates Elisa Wyatt and Taylor Buono obtained a dismissal without leave to amend in the Eighth Judicial District Court on behalf of a skilled nursing facility. The plaintiff filed a complaint alleging the nursing facility was negligent in the care of the decedent, causing him to develop a bed sore and contract COVID-19. Karen, Elisa and Taylor filed a motion to dismiss, arguing that the plaintiff did not comply with requirements to state a claim for professional negligence in Nevada, or to state a claim for injury related to exposure to COVID-19. The plaintiff argued a skilled nursing facility is not a health care provider under Nevada law. The judge had previously agreed with the plaintiff’s counsel’s argument in an unrelated but identical case, and the issue is currently on appeal. This time, the court disagreed with the plaintiff’s counsel and granted the motion, dismissing the complaint without leave to amend, finding the plaintiff did not comply with Nevada’s pleading requirements.
Karen L. Bashor and Elisa L. Wyatt
Karen L. Bashor (Partner-Las Vegas, NV) and Colt Dodrill (Of Counsel-Las Vegas, NV) obtained summary judgment in favor a petroleum transportation company in Clark County District Court. The plaintiffs alleged the client's tractor-trailer negligently rear-ended their vehicle, causing significant bodily injuries and totaling the vehicle. Suspecting this was a staged accident, Karen and Colt propounded extensive discovery, including requests to admit the accident was staged. Their investigation revealed that a witness had been a defendant in a separate action filed by the same plaintiffs' counsel regarding a similar accident that occurred just a half hour before. That witness's deposition testimony confirmed the first accident was staged by the same individuals in the same vehicles involved in the client's accident. Shortly thereafter, the plaintiffs' counsel withdrew, and Karen and Colt moved for summary judgment based on the witness's testimony, accident photographs, the client's statement and the plaintiffs' failure to respond to discovery. The plaintiffs elected not to oppose the motion, which the court granted, finding that by staging the accident, the plaintiffs consented to and assumed the risk of injury as a matter of law.
Karen L. Bashor and Colt B. Dodrill
Karen L. Bashor (Partner-Las Vegas, NV) and Colt Dodrill (Of Counsel-Las Vegas, NV) obtained summary judgment in favor a petroleum transportation company in Clark County District Court. The plaintiffs alleged the client’s tractor-trailer negligently rear-ended their vehicle, causing significant bodily injuries and totaling the vehicle. Suspecting this was a staged accident, Karen and Colt propounded extensive discovery, including requests to admit the accident was staged. Their investigation revealed that a witness had been a defendant in a separate action filed by the same plaintiffs’ counsel regarding a similar accident that occurred just a half hour before. That witness’s deposition testimony confirmed the first accident was staged by the same individuals in the same vehicles involved in the client’s accident. Shortly thereafter, the plaintiffs’ counsel withdrew, and Karen and Colt moved for summary judgment based on the witness’s testimony, accident photographs, the client’s statement and the plaintiffs’ failure to respond to discovery. The plaintiffs elected not to oppose the motion, which the court granted, finding that by staging the accident, the plaintiffs consented to and assumed the risk of injury as a matter of law.
Karen L. Bashor and Colt B. Dodrill
Karen L. Bashor (Partner-Las Vegas) and Mark C. Severino (Of Counsel-Las Vegas) settled a premises liability case in Clark County District Court on behalf of a Las Vegas restaurant for slightly more than 1 percent of the plaintiff's last demand. The plaintiff tripped and fell down a small flight of concrete stairs while exiting the client restaurant, resulting in severe fractures of her ankle/lower leg in four places. The fractures required three separate surgical repairs and the use of a bone growth stimulator to heal. The plaintiff alleged negligence with respect to the lighting conditions, claimed negligent design of the staircase and argued notice with other incidences. Using a grainy, low-quality surveillance video and still images pulled from it, Karen and Mark were able to show that the plaintiff turned her head and looked right immediately before tripping and falling. With the use of the video and still images, Mark got the plaintiff to admit during her deposition that she was not watching where she was walking, which was dangerous and could have caused her to fall. The plaintiff subsequently accepted a nominal offer of judgment to resolve the case before dispositive motions were filed.
Karen L. Bashor and Mark C. Severino
Karen L. Bashor (Partner-Las Vegas) and Rebecca A. Smith (Associate-Las Vegas) defended a Las Vegas restaurant where a patron alleged that she slipped on a liquid substance on the floor and suffered injuries. The plaintiff sued for premises liability negligence and negligent hiring, training and supervision. Rebecca deposed the plaintiff and elicited additional evidence to support the defense, including an earlier incident on the same day where the plaintiff witnessed the restaurant respond promptly to another spill. As the lead attorney for the arbitration hearing, Rebecca capitalized on the plaintiff’s own testimony in support of the defense, highlighted plaintiff’s lack of credibility for the self-serving testimony as to the subject incident and used the evidence of independent witnesses to support the defense. The arbitrator found no liability whatsoever and as a result did not award plaintiff any damages.
Karen L. Bashor