News Briefs
89 Wilson Elser Attorneys Named Ones to Watch by The Best Lawyers in America 2025
August 15, 2024
Client Wins
Lowry & Richardson Obtain Summary Judgment in Malicious Prosecution Case
Michael Lowry (Partner-Las Vegas) and Chris Richardson (Of Counsel-Las Vegas) obtained summary judgment in the Eighth Judicial District Court, Las Vegas, in a malicious prosecution case against Wilson Elser’s client, a security services provider contracted to work in a hospital. The plaintiff is a hospital nurse whom our client’s employees observed interacting with a patient they believed the nurse physically abused. The employees reported their observations to superiors resulting in a police investigation, a grand jury hearing, and criminal charges against the nurse. The charges were dismissed, however, due to an error in the grand jury hearing, and the plaintiff sued our client and its employees for malicious prosecution and other related causes of action.
After significant discovery, Michael and Chris moved for summary judgment, arguing that the malicious prosecution cause of action failed as a matter of law because the dismissal of criminal charges didn’t prevent the state from re-filing them. The court concurred that dismissal with prejudice is required to support malicious prosecution. It also concluded that the security personnel had probable cause to report their observations, a defense defeating a malicious prosecution claim.
The court further agreed that our client’s security personnel are immune from suit and qualify for statutory immunity under NRS 200.5096. The statute creates mandatory and permissive reporting obligations for certain persons and immunizes them from civil liability arising from their reporting. This ruling is thought to be among the first where the statute has been applied to security personnel working in a hospital. The plaintiff later voluntarily dismissed his case in lieu of an appeal.
Michael Lowry and Chris J. Richardson
Lowry & Richardson Win Summary Judgment for Equipment Rental Client
A Las Vegas district court granted summary judgment to a client that rents traffic control devices after the plaintiffs failed to correctly add the client to the case. Michael Lowry (Partner-Las Vegas) and Chris Richardson (Of Counsel-Las Vegas) were hired to defend the client, who rented devices to a festival that were allegedly involved in an accident. The plaintiffs sued numerous other parties who could have been responsible but initially did not sue the client. As discovery commenced, the other parties disclosed documentation expressly identifying the client and its role with the devices at issue. However, the plaintiffs did not try to add the client as a party for months, long after the statute of limitations expired. The only way for the plaintiffs to get around the statute of limitations was if their amended complaint "related back" to the original, timely complaint utilizing one of two alternative methods. The judge granted the motion because the plaintiffs failed to satisfy either option.
Michael Lowry and Chris J. Richardson
Lowry & Richardson Achieve Nuisance Settlement for National Private Security Contractor
Michael Lowry (Partner-Las Vegas, NV) and Chris Richardson (Of Counsel-Las Vegas, NV) achieved a favorable settlement before the Eighth Judicial District Court on behalf of a national private security contractor providing services for a hospital. . During an intake, a patient became violent, injured her mother and assaulted a nurse. The mother sued, alleging the security contractor should have better protected her from her daughter. Michael and Chris collaborated with the hospital to identify video obtained through the discovery process that recorded the event showing the mother trying to intervene when the daughter injured her. The mother's case then collapsed and she accepted a nuisance settlement.
Michael Lowry and Chris J. Richardson
Lowry & Richardson's Discovery Strategies Net Nuisance Settlement for National Private Security Contractor
Michael Lowry (Partner-Las Vegas, NV) and Chris Richardson (Of Counsel-Las Vegas, NV) achieved a favorable settlement on behalf of a national private security contractor before the Eighth Judicial District Court. The client was one of several security contractors hired to work at a large, outdoor festival in Las Vegas, Nevada, where two people were injured. The plaintiffs sued all of the security companies because they were unable to identify the correct one. Michael and Chris used the security contractor’s own documents to pursue targeted discovery from other vendors involved with the festival, which eventually confirmed that the client was not even assigned to the area of the festival where the injuries occurred. The plaintiffs accepted a nuisance settlement in lieu of a motion for summary judgment.
Michael Lowry and Chris J. Richardson
Firm Highlights
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