Publications
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CLM Magazine Publishes McLeod, Bashor and Horres on How Women Complete a Trial Team
CLM Magazine
March 2023
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CLM Magazine Leads with Horres, Bashor, Buono Article, “Forecast 2023”
CLM Magazine
January 25, 2023
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Multiple Reuters Sites Publish Bashor and Horres on "Priming the Jury for Trial Success"
Westlaw Today and Reuters Legal News
January 25, 2023
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Reuters Features Horres and Bashor Article on Covid’s Impact on Traditional Jury Trials
Westlaw Today and Reuters - Attorney Analysis
November 2, 2022
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CLM Magazine Publishes Bashor and Horres on Final Steps to Avoid Shock Verdicts
CLM Magazine digital edition
October 2022
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Oregon Rules Statutory Beneficiaries Are Not Parties to Wrongful Death Cases
Oregon: Statutory Beneficiaries Not Parties to Wrongful Death Cases
October 6, 2022
Oregon’s Supreme Court has concluded that “statutory beneficiaries are not ‘parties’ to a wrongful death action, because the only person with authority to control the litigation is the personal representative of the decedent.” Therefore, beneficiaries could not be required to provide information.
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Oregon Restates Elements of Ordinary Negligence in Attempted Suicide Case
Oregon Restates Elements of Ordinary Negligence in Attempted Suicide Case
October 3, 2022
The Oregon Supreme Court determined in a recent opinion that defendants trying to admit certain facts or elements need to do so with reasonable specificity, and in line with the restated elements of negligence. In this case, the defendant could have admitted foreseeability but then argued her negligent conduct was not a cause in fact of the plaintiff’s suicide attempt.
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Nevada Consumers Not Required to Have Used At-Issue Product to Sue for Deceptive Trade Practices
Nevada Supreme Court Broadens Deceptive Trade Practices Suits
September 30, 2022
A Nevada Supreme Court ruling broadens the range of potential plaintiffs in a deceptive trade practices action. Defendants potentially violate the deceptive trade practices statute “when they make a knowingly false representation regarding the product in an attempt to sell the product and the claimant suffered a direct harm from the attempted sale, regardless of whether the claimant purchased the at-issue product.” -
Jury selection is critical in preventing shock verdicts
Westlaw Today
August 3, 2022
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DRI’s For the Defense Publishes Horres and Bashor on The Defense Counsel’s Playbook
DRI For the Defense
June 20, 2022
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CLM Magazine Publishes Horres and Bashor on Early Resolution in Bet-the-Company Litigation
CLM Magazine
June 7, 2022
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Is Nevada’s Collateral Source Rule Changing?
Nevada’s Collateral Source Rule
May 25, 2022
A recent decision by the Supreme Court of Nevada raises the question: If the amount accepted by a medical provider as payment in full for their services to the victim, rather than the amount billed, is the appropriate measure for restitution damages in a criminal case, and these same damages can be pursued in tort, then why wouldn’t the amount actually paid to a plaintiff’s medical provider also be the measure of damages in tort? The decision further holds that restitution should be offset by the amount paid by the criminal defendant’s insurance carrier to the victim for losses subject to the restitution order. -
Oregon Bars Comparative Negligence in Certain Residential Tenant Claims
Oregon Bars Comparative Negligence in Certain Residential Tenant Claims
May 24, 2022
The Court of Appeals of Oregon recently affirmed a circuit court decision that could influence how Oregon residential tenant claims are assessed. If the tenants’ claims can be tied to a habitability statute rather than common law negligence, then the landlord might not be able to rely on comparative negligence arguments.
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DRI’s For the Defense Publishes Horres and Bashor on Plaintiff’s Playbook
DRI For the Defense
May 11, 2022
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Westlaw Today Publishes Horres, Bashor and Buono on Mass Shooting Liability Claims and Legal Strategy
Westlaw Today
May 5, 2022
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CLM Magazine Publishes Horres and Bashor on Early Resolution of Billion-Dollar Claims
CLM Magazine
May 4, 2022
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Nevada Clarifies Discovery of Surveillance in Claim File
Discovery of Surveillance in Claim File
March 8, 2022
Nevada’s Court of Appeals has decided a case that concerned discovering surveillance video contained in a claim file, highlighting the limits of the work-product privilege and emphasizing the importance of using it correctly. -
CLM Magazine Publishes Horres and Bashor on Stages of Crisis Management
CLM Magazine
February 3, 2022
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Westlaw Today Publishes Horres, Bashor and Buono on Omicron’s Impact on Jury Trials
Westlaw Today
January 24, 2022
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Nevada Supreme Court Deems Independent Medical Evaluation Statute Unconstitutional
Nevada Supreme Court Deems Independent Medical Evaluation Statute Unconstitutional
January 4, 2022
In 2019, the Nevada Supreme Court updated all of its Rules of Civil Procedure, including Rule 35, which governs requests to mentally or physically examine a claimant. The local plaintiffs’ bar was unhappy with the changes to Rule 35 and lobbied the Legislature to abrogate the rule by enacting Nevada Revised Statute (NRS) 52.380, which contains the plaintiffs’ bar’s favored language. The conflicting statute and rule created a mess in local courts as different judges applied different standards.
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Gun Manufacturers Immune from Route 91 Harvest Festival Lawsuits
Nevada Supreme Court Rules Gun Manufacturers Immune
December 13, 2021
The Supreme Court of Nevada has ruled that firearm manufacturers and distributors cannot be held liable for claims arising from an October 1, 2017, shooting that killed 58 people and injured hundreds more. Litigation followed, including a lawsuit alleging those who manufactured and distributed the rifles were liable for what occurred that night. -
Westlaw Today Publishes Horres, Bashor and Buono on the Texas Energy Grid and Infrastructure Failures
Westlaw Today
December 7, 2021
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Westlaw Today Publishes Horres, Bashor and Buono on the State of U.S. Infrastructure
Westlaw Today
November 12, 2021
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Nevada Rules Insured Has Burden to Prove Exception to Exclusion
Nevada Rules Insured Has Burden to Prove Exception to Exclusion
November 4, 2021
The Nevada Supreme Court on October 28, 2021, ruled that a policyholder has to prove an exception to an exclusion of coverage to decide an insurer's duty to defend. -
Bloomberg Law Publishes Horres and Bashor on Post-COVID-19 Jury Trial Skills
Bloomberg Law
October 25, 2021
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CLM Magazine Publishes Horres and Bashor on Step One in Handling Billion-Dollar Claims for Catastrophic Events
CLM Magazine
October 8, 2021
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Anti-Stacking Language Now Unenforceable in Oregon UM/UIM Claims
Anti-Stacking Language Unenforceable in Oregon UM/UIM Claims
October 7, 2021
In a recent claim, insureds asserted that an amendment to the uninsured/underinsured motorist model policy in 2015 invalidated anti-stacking language. The Supreme Court of Oregon agreed, noting by removing that language from the model policy, the legislature had broadened the coverage available to the insureds. The anti-stacking language was unenforceable.
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Nevada Supreme Court Adopts New Standard for Income Loss Claims
Nevada Adopts New Standard for Income Loss Claims
August 27, 2021
The Nevada Supreme Court examined conflicting rulings in federal and state courts and concluded “gross income is the most workable and realistic measure of what salary would be used to support” a loss-of-income claim. -
CLM Magazine Publishes Horres and Bashor Article on Defending Billion-Dollar Claims
CLM Magazine
August 4, 2021
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Workers’ Compensation Liability & COVID-19: A Comparative Law Review
September 24, 2020
Wilson Elser attorneys present the current statutory framework, recent changes to the law in response to the novel coronavirus pandemic. -
Mentorships Make a Difference
Nevada Lawyer
August 2020
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Voting During a Pandemic: Vote-by-Mail Challenges for Native Voters
Arizona Attorney
July / August 2020
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May the Nevada Legislature Constitutionally Revise the Rules of Civil Procedure?
Nevada Lawyer
July 2020
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The Ups & Downs of Running a Large Office
Nevada Lawyer
June 2020
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Obstacles at Every Turn: Barriers to Political Participation Faced by Native American Voters
Native American Rights Fund (NARF)
June 4, 2020
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Seeking Higher Ground: When does the common carrier standard of care actually apply
CLM
February 25, 2020
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Nevada: New Law Allows Observers to Attend, Suspend IMEs
CLM Magazine
September 1, 2019
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Jury Rules for NCAA in First Sports Concussion Case Tried to Verdict
First Sports Concussion Case Tried to Verdict
August 21, 2019
A Pennsylvania jury ruled in favor of the National Collegiate Athletic Association in the first sports concussion case tried to verdict, finding that the NCAA was not negligent in its dealings with the plaintiff, who played four years on the California University of Pennsylvania Vulcans football team. Five years after his college football career ended, the plaintiff was diagnosed with amyotrophic lateral sclerosis (ALS).
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Ensuring Natives Count: Overcoming the 2020 Census Challenge
Arizona Attorney
April 2019
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In Memory of Rodney Blaine Lewis: 1940 –2018
Arizona Attorney
April 2019
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Travelers in a Dangerous Time: The Do’s and Don’ts of Crossing the United States Border in the Cannabis Age
Travelers in a Dangerous Time: The Do’s and Don’ts of Crossing the U.S. Border in the Cannabis Age
October 1, 2018
As Canada draws ever closer to October 17, 2018 – the date on which the Cannabis Act comes into force and recreational or other adult-use cannabis is set to be unveiled across Canada – complex regulatory issues continue to cloud the celebrations, including individuals working or investing in the Canadian cannabis sector being turned back at the U.S. border – or worse.
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“The Struggle for Sanity and Sobriety in the Legal Profession”
Clark County, Nevada, Communiqué
September 1, 2018
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Securing the First Right of Citizenship for the First Americans: The Continuing Struggle of Native Americans for the Right to Vote
Communiqué (Clark County Bar Association)
August 1, 2018
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Moving Toward a Standard of Care for Medical Marijuana
Guidelines for Physicians Recommending Cannabis
June 8, 2018
The guidelines California and other states have issued regarding the recommending of cannabis for medical conditions serve as a starting point for the discussion surrounding the standard of care by creating baselines and establishing routine practices by which physicians can familiarize themselves with the requirements of the changing world of medicine and incorporation of cannabis as a modern treatment for their patients’ conditions.
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Immigrant Investor Visa and Regional Center Program Comprehensive Reform Act
Changes to EB-5 Requirements
March 23, 2018
Reforms for the EB-5 Regional Center Program were proposed in recent weeks for inclusion in the March 23 Congressional Omnibus Package. However, after heated debate, a faction of Democrats in the U.S. Senate did not approve of many of these reforms. Thus, the EB-5 program has again been extended for another six months without change, but Senator Charles Grassley (R-Iowa) has now vowed to terminate it in the near term. Foreign investors planning to apply for EB-5 visas should act now in light of the possibility of termination of the EB-5 Regional Center Program on September 30, 2018.
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Why Should I Go Vote Without Understanding What I Am Going to Vote For? The Impact of First-Generation Voting Barriers on Alaska Natives
Michigan Journal of Race & Law
Volume 22 | Issue 2 2017
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Diversity Makes a Difference in This Profession
Nevada Lawyer Diversity Issue
October 2017
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The Legal Ethics of Advising the Cannabis Client
Legal Ethics of Advising the Cannabis Client
September 19, 2017
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Another State-Specific Compliance Issue: “Bring Your Gun to Work” Laws
DRI: In-House Defense Quarterly
Winter 2017
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Transportation Law Issue of Communiqué Features Lowry on Common Carriers
The Enduring Myth of the Common Carrier
October 2016
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A Life or Death Decision
Healthcare Risk Management Review
September 9, 2014
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The Census Bureau’s 2011 Determinations of Coverage under Section 203 of the Voting Rights Act Mandating Bilingual Voting Assistance
Asian American Law Journal at the University of California-Berkeley
2012
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Nevada Supreme Court Adopts Notice-Prejudice Rule
November 2011
The notice-prejudice rule is a principle of insurance law that bars an insurer from using late notice as a reason to deny an insured’s claim unless the insurer can show that the insurer was prejudiced by the untimely notice. -
Zibas and Rodriguez Publish Article on the Future of the EU Patent Court
October 1, 2011
Jura C. Zibas (Partner-New York) and Juan P. Rodriguez (Associate-Las Vegas) recently wrote and published an article entitled, “On the Future of the EU Patent Courts: Can a Revised Agreement Address Concerns about a European Patent Litigation System?” in the Bloomberg Law Reports – Intellectual Property. -
Sweeping Changes to U.S. Patent Regulations Include First-to-File System
September 2011
The U.S. Senate has passed the Smith-Leahy America Invents Act without amendment, and the bill is currently on the president’s desk. The product of six years of consideration in Congress, the Act represents the most significant reform to the U.S. patent system in nearly 60 years.