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Archive for the ‘Civil Procedure and Litigation Strategy’ Category

Benson and Bingham Can Represent You In Your Out Of Nevada Casino Injury

With the rise of casino gaming across the United States, more and more Las Vegas gaming companies are expanding beyond the Silver State. For years, Casino gaming was only allowed in Nevada and New Jersey, but Native American tribes were granted the ability to offer casino games in 1988 when the Indian Gaming Regulatory Act was passed. Casinos then sprouted up in Connecticut, California, Pennsylvania, South Dakota, Ohio, Oregon, Washington Oklahoma, Texas, Wyoming, West Virginia, Wisconsin, New York, New Mexico, Alabama, North Carolina, Missouri, Mississippi, Michigan, Minnesota, Maryland, Maine Louisiana, Arizona, Iowa, Kansas, Indiana, Illinois, Florida, Idaho, Delaware, Alaska and Colorado. Many of the 566 casinos across the United States (as of 2010) are managed and branded by Las Vegas casino companies, so often times, those injured in casino accident outside of Nevada are required to file suit in Nevada. Our firm, Benson and Bingham represents Americans nationwide in casino accidents tried in Las Vegas.

The majority of casino injury lawsuits are for slip and fall and other personal injury incidents that happen to casino players or people staying in a casino’s hotel. Other times, however, accidents can happen while the building is under construction. In January, there was a construction accident in a Cincinnati casino that had 50% ownership of Las Vegas, Nevada’s Caesar Entertainment Company. Support beams failed when construction workers were pouring concrete. Workers fell thirty feet. Many of the workers, who suffered broken bones, bruises and scrapes headed to a local hospital for evaluation. Benson and Bingham can represent you in most casino accidents across the United States. Our Nevada licensed personal injury attorneys have significant experience with wrongful death, Las Vegas semi-truck accidents and other personal injury cases. We offer all of our customers our exclusive happiness guarantee; if, after receiving our bill you do not agree with the prices for our services, we will work with you to determine a fee structure you can agree too.

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Nevada One of The Lowest Ranked States for Safety

“The Facts Hurt,” a recent report by Washington, DC health-advocacy non-profit Trust for America’s Health ranked Nevada as one of the least safe states in the country. The Silver State garnered 4 points in “The Facts Hurt” study. Eight states had lower scores. New York and California lead the country with scores of 9. Nevada scored points for requiring helmets for those riding motorcycles, enabling people in relationships that are breaking up to get restraining orders, concussion regulations for school sports and monitoring of drug prescriptions in the state. Benson and Bingham are here to help Southern Nevadans who are hurt in Las Vegas dangerous libertarian environment. If your relative was killed in a Las Vegas wrongful death case, contact Benson and Bingham for a free legal consultation today.

Out of the possible ten points in The Facts Hurt study, Nevada only scored four. Nevada lost a point for not having a required seat belt law. In Nevada, if you have been convicted of drunk driving, when you get your license back, you aren’t required to get an ignition interlock device. The Silver State doesn’t require children under eight years old to ride in cars in booster seats. Children in the Silver State are also not required to wear bicycle helmets. The Trust for America’s Health also held points from Nevada due to the state’s lax teen violence laws. Finally, due to the limited amount of data provided by the state’s hospitals and the Department of Health and Human Services to researchers and other officials. If you have had a relative killed in a Clark County wrongful death incident, contact Benson and Bingham today.

The personal injury attorneys at Benson and Bingham have extensive experience trying Las Vegas wrongful death cases. We have the experience and contacts to compel insurance companies to honor their commitments. Contact Benson and Bingham today.

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Multiple Parties May Be Liable in A Las Vegas Automobile Accident Due To Text Messaging

You are headed north on Interstate 15 through Las Vegas, to a business meeting or to meet friends. The destination doesn’t really matter. Traffic is heavy but not stop and go. Then you are hit by another driver causing significant damage to your car and even possibly injuries. A similar situation happened to Linda and David Kuber who eventually had to have both legs amputated as the result of an automobile crash in 2009. Before the crash, Kyle Best, 19 had been texting with his friend, Shannon Colonna. The attorney for Mr. and Mrs. Kuber, Skippy Weinstein, has sued Mr. Best and Ms. Colonna, stating that they are both responsible for the injuries to his clients. If you have been involved in a Las Vegas car accident and wish to recover money spent on medical bills, car repair, lost work and pain and suffering, contact Benson and Bingham today. Our Nevada personal injury attorneys have the contacts and experience working and negotiating with auto insurance companies to get you the best possible injury award.

The legal principle Mr. Weinstein is using to include Mr. Best’s texting partner, Shannon Colonna, in the lawsuit is “aiding and abetting.” The doctrine of aiding and abetting is spelled out in a book of rules that guides most court rooms in Nevada and the rest of the United States, called the Restatement of Torts. For someone to aid and abet a crime one must:

1-  Know someone who is committing a crime

2- Be aware that the act their associate is committing is illegal

3- Substantially assist in the commission of the crime

Joseph McGlone, the attorney for Ms. Colonna, has requested that the judge disallow her inclusion in the case. Just because she sent the text message, doesn’t mean she had an expectation for the SMS to be read immediately. If you have been involved in a Las Vegas traffic accident, contact Benson and Bingham for a free legal consultation today.

Benson and Bingham has worked with many Las Vegans to ensure they receive the financial remuneration they deserve after a Las Vegas vehicle accident. Our attorneys, experienced in car accidents, nursing home neglect, casino injury and wrongful death cases, secured over $24 million in personal injury awards in 2010 and 2011.

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Pfizer Birth Control Recall May Create More Native Nevadans

March 15th, 2012 No comments

In Late January, multi-national pharmaceutical giant Pfizer announced, in coordination with the US Food and Drug Administration, the recall of approximately 1 million birth control pills. The miss packaged pills provide no health risks; however, they do increase the risk of pregnancy for those taking the medication. The pills, a 28 day regimen including 21 doses of the medication and seven placebos were mislabeled. Customers who have the affected packages are warned to begin using a secondary form of birth control, contact their physician and return unused portions to their pharmacy for replacement. The extent of Pfizer’s legal exposure from the product recall is unknown – as the laws in many states could hold them liable for all the associated costs of the unwanted pregnancies. If you have taken the recalled Pfizer birth control and are pregnant with a new native Nevadan or were sickened by defective prescription or over the counter medication, contact Benson and Bingham for a free legal consultation today.

There are many levels to Pfizer’s potential legal exposure. Should they have to pay for any unwanted pregnancies? Should it be for the medical costs and lost work up to the birth of the child? Should it include food, presents, clothing and education for the child of one of these unwanted pregnancies? What if the unwanted pregnancy resulted in a child with special needs? What if the woman was taking the birth control because she had evidence she and her partner would have a child with special needs.

If you are a Nevadan who has fallen victim to incorrectly prescribed or defective medication and wish to recover damages for healthcare costs, pain and suffering and lost work, Benson and Bingham have the legal experience to represent you fully. In 2010 and 2011, our attorneys were able to secure over $24,000,000 in damage awards for our clients. Please contact Benson and Bingham today for a free legal consultation.

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LED Night Lights Pose Las Vegas and Southern Nevada Fire Risk

, The US Consumer Product Safety Commission and American Tack and Hardware Company announced on March 1, 2012 the recall of hundreds of thousands of light emitting diode night lights due to fire and burn danger. The New Jersey company, based in Saddle River, said that a short circuit in the LED can overheat, causing fire danger and resulting burns. The company has admitted to 25 incidents of the LED lights charring, smoking, burning and melting. While no injuries have been reported, it is important for consumers who own the night lights to contact AmerTac for to return the lights for a full refund. If you have been injured or your home has burned due to a defective nightlight from AmerTac, contact Benson and Bingham. Our Nevada licensed attorneys can help you recover reimbursement for injuries, to repair your home, lost work and pain and suffering.

There are three models of the AmerTac night light being recalled. The model or brand names on the packaging are Amerelle, Amertac and Everyday Basics. The model numbers on the lights’ packaging are 71190, 327895 and 076092. Finally, the model numbers marked directly on the defective AmerTac night lights are 71190 or 71190A. These LED night lights, manufactured and shipped from China, posing a fire hazard were sold in Nevada between March 2009 and October 2010. They retailed for $6. If your home was damaged or you or a family member was injured by a defective LED night light manufactured by American Tack and Hardware Company, contact Benson and Bingham for a free legal consultation today.

Joseph Benson II and Ben Bingham are the lead attorneys at one of Southern Nevada’s most successful personal injury law firms. As cousins, Mr. Benson and Mr. Bingham rely on their life long familial relationship to maintain the communication necessary for a successful law firm. The close relationship these attorneys have with each other also extend to the relationship they work to develop with their clients. These methods have brought significant reimbursements for the firm’s clients – over $24,000,000 in 2010 and 2011

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Las Vegas Metro Police Award $40,000 to Former Officer in Discrimination Claim

Southern Nevada police departments continue to be on the losing end of a number of lawsuits. Last month, over $300,000 was awarded to Adam Green, a man who was severely beaten by Henderson Police and Nevada Highway patrol during a highway traffic stop. The man, presumed to be driving while intoxicated, was instead in the throes of a diabetic shock episode. If you have suffered personal injury due to an incident with a Southern Nevada Law enforcement agency, contact Benson and Bingham for a free legal consultation today.

Earlier this week, the Las Vegas Metro Police announced an award to a former officer for discriminatory practices due to the department’s restrictive facial hair policy. Retired Las Vegas Metro Police Officer, Ira Carter sued the department in 2010 regarding the department’s no facial hair policy. Mr. Carter suffered from a skin condition that made shaving very dangerous. The condition, called pseudofolliculitis barbae, causes scarring, cystic nodules and severe rashes after shaving. Mr. Carter had a waiver on the shaving policy for 14 years but in February 2009 he was reprimanded. On the word of Mr. Carter’s supervisors, Lieutenant Robert Sebby and Captain Stavros Anthony, Mr. Carter was cited for insubordination and had an internal affairs investigation directed at him. He was awarded $40,000. If you have been injured by unfair work rules, contact Benson and Bingham today.

This is not the first time Las Vegas Metro Police faced discrimination charges due to their facial hair policy. Officer Steve Riback, an Orthodox Jew, sued the department because the facial hair policy prevented him from growing his beard.   He was eventually awarded $350,000 when he settled his discrimination case. If you have suffered a workplace injury and wish to recover for lost work, contact Benson and Bingham today.

If you are from Southern Nevada and have been injured in a workplace incident, contact Benson and Bingham for a free legal consultation today. Our team of Nevada licensed personal injury attorneys work to develop strong trusting relationships with those we represent. The success of this method is evident in the $24,000,000 we secured for our clients in 2010 and 2011.

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Man In Diabetic Shock Severly Beaten By Henderson Police and NHP

February 12th, 2012 No comments

Late one morning in October 2010, Adam Green was behind the wheel of his car, weaving and out of control. Nevada State Troopers and Henderson Police finally pulled over Mr. Greene, but when they had to remove the driver from the car, things started getting violent. Mr. Greene was dragged out of his automobile at gunpoint and was held on the ground as four Henderson Police and NHP restrained him. Then a fifth uniformed policeman walked over and kicked the man several times in the head. Eventually, Mr. Greene was searched by the assaulting officers who found insulin. At this point they realized the man who had been thrown to the ground, handcuffed, beaten and repeatedly kicked in the head was suffering from a diabetic shock.

Video of the event where Mr. Greene was beaten was recently shown by his attorney during the lawsuit against the Henderson Police and the Nevada Highway Patrol. However, if you have suffered physical harm from an incident with Las Vegas Metro Police, NHP, Henderson Police or any other Southern Nevada Police department, please contact Benson and Bingham for a free legal consultation today.

While your incident may not have been as violent or as cut and dried as the one where Adam Greene was beaten, you still may be able to reimbursed for medical costs, lost work and pain and suffering. If a Las Vegas area traffic stop resulted in an injury, contact Benson and Bingham to discuss representation today.

Many factors should be taken into consideration as you make your decision to hire a Nevada personal injury law firm. You should try to find attorneys that you believe will vehemently represent you and communicate the details of your case. Benson and Bingham work to develop long term client-lawyer relationships based on trust, communication and mutual respect. While we cannot promise a positive outcome to your case, in the past two years we have been able to secure over $24,000,000 in reimbursements for our clients.

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Las Vegas Metro Police Accident Kills Father

February 7th, 2012 No comments

It’s late and your husband isn’t home yet. It’s the 4th of July, and you know he had a drink with friends, but he did not sound impaired at all when you spoke to him on his cell phone. Your husband should be home. Then, a knock on the door. Confused at who could be stopping by this late at night, your heart stops as you recognize the Las Vegas Metro Police Department uniforms. You collapse to the floor as they tell you of their husband’s death behind the wheel. Your mind reels, how will you take care of your children? How will you survive? If you have lost a loved one to a case of wrongful death in Las Vegas, contact Benson and Bingham today for a free legal consultation.

In July 2007, the wife of Raymond Yeghiazarian went through much of what is written above. Mr, Yeghiazarian, was attempting to take a left turn at the intersection of Fort Apache Rd. and Sahara Ave. when his car was struck, head on, by a police cruiser driven by Las Vegas Metro Police officer, Jared Wicks. Wicks, traveling at an estimated 60 to 75 miles per hour, did not slow down as he approached the intersection. In addition, even though Officer Wicks was in hot pursuit of a suspect, neither the officer’s sirens or lights were on. If your loved one was killed in an accident with LVMP or other instance of Las Vegas wrongful death, contact Benson and Bingham today.

Ms. Yeghiazarian was initially awarded $2.2 million by a Las Vegas jury, however that was quickly reduced in accordance with Nevada Revised Statutes which hold municipalities to a maximum liability of $250,000. Recently, Ms. Yeghiazarian filed an additional federal civil rights suit, alleging Las Vegas authorities withheld significant information about the crash.

If you suspect your recent Nevada tragedy is actually a case of wrongful death, Benson and Bingham, Southern Nevada’s premiere personal injury attorneys are available to discuss your case. In 2010 and 2011, the law firm was able to secure over $24,000,000 for their clients. While we cannot promise a successful outcome in your case, our Nevada licensed attorneys will help you recover medical costs, pain and suffering and lost wages.

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NV Coal Energy Plants Accused of Poisonoing Neighbors

February 1st, 2012 No comments

As fuel costs rise, NV Energy and other utility companies continue to struggle with providing low-cost dependable energy to their many ratepayers. Many states and utilities are looking to nuclear power to meet the needs of their customers, but for desert states like Nevada the significant water needs of this form of power rules out the smashing of plutonium molecules to generate power – even though much of the nuclear fissionable materials mined in this country come from the Silver State. While the Federal Government funds alternative energy technologies in an effort to reduce our nation’s dependence on fossil fuels, more and more utilities like NV Energy increase their reliance of coal power.

Coal is one of the most abundant fossil fuels in the United States. Its significant subsidies from the federal government ensure the continued mining and burning of coal to power and heat Nevada’s and the country’s homes and businesses. However, the burning of coal has costs associated with it that are often not computed when determining price per kilowatt hour. While many coal plants have combustion emissions systems that reduce the toxins blown into the atmosphere, the burning of coal releases carbon dioxide, sulfur, nitrogen and other carcinogenic compounds. If you or a family member have been poisoned by a nearby Nevada coal-power plant, and want remuneration for health care costs, lost work and suffering, contact Benson and Bingham for a free consultation today.

The Sierra Club in Nevada recently called for the Reid Gardner Coal Plant to be shut down after it was found that all the members of the Hernandez family, who live just 500 yards from the plant, were suffering from respiratory illnesses. If you or your family have been sickened by the burning of fossil fuels or other industrial pollutants in Nevada, contact Benson and Bingham for a free consultation today.

Benson and Bingham Attorneys at Law work every day to help their clients and their families survive catastrophic injuries and wrongful deaths. While we cannot promise to win your case, the satisfaction of our clients is what gets us up every morning. Please contact Benson and Bingham for a free consultation today.

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Las Vegas Hepatitis Outbreak Spurs Changes To Nevada Safe Injection Practices

January 24th, 2012 No comments

In October, multi-national drug companies Teva and Baxter were ordered to pay hundreds of millions of dollars due to the fact they repeatedly recommended the use of reusable vials of the Propofol anesthetic. One individual, Michael Washington, who had received the drug through the use of reusable vials and eventually came down with hepatitis, was awarded $14 million.

It is estimated that nearly 300 lawsuits are pending stemming from the multi-use vials of Propofol sold and recommended by Israel-based Teva Pharmaceutical Industries and US based Baxter International. Of these 300 cases a number of verdicts have been announced. On October 10, three patients were awarded $162 million in punitive damages. The first case resulted in a verdict of $500 million. If you have been injured, sickened or a had a loved one killed due to bad drugs, please go to Bensonbingham.com and sign up for a free consultation.

The propofol reuse case caused significant alarm and changes throughout the Nevada Medical Community. In the 76th Legislative session, Senate Bill 419 was proposed by the Nevada Senate Health and Human Services Committee. The bill initially required all medical professionals to take a Safe Injection Practices Continuing Medical Education Course as part of renewing their Nevada medical license and even fined medical professionals failed to take the course within an allotted time. These provisions were eventually amended out of the bill, instead requiring medical professionals to attest they are familiar with safe injection practices. By signing that they attest they are aware of safe injection practices, Nevada physicians open themselves up legally should they not obey the practices. The bill passed the Senate and Nevada Assembly as amended and signed by Governor Brian Sandoval. The bill amended the Nevada Revised Statute Chapter 630.

If you have been exposed to prescription bad drugs by a Nevada physician, pharmacy or hospital or sickened by an over-the-counter purchase of bad drugs, Benson and Bingham, leading Las Vegas personal injury attorneys, would like to speak with you during a free legal consultation.

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