And For My Next Act…

  • Law

  • A jury found both the Plaintiff and David Copperfield (and co-defendants) negligent, but ultimately found the Plaintiff 100% responsible for the proximate cause of his accident.  Copperfield was defended by Elaine Fresch and Jerry Popovich of Selman Breitman. [Fox5Vegas; NPR]
  • In a Republican interview in lieu of debate that aired last night, Adam Laxalt was asked about his vote on the Fred Steese pardon. [TNI]
  • Metro may not have record of every officer that responded on October 1. [RJ]
  • Businessman (who had a residence in Las Vegas) is now representing himself after two criminal convictions. [Forbes]
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Anonymous
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Anonymous
May 30, 2018 4:19 pm

Would love to hear any comments from trial observers as to what happened with the Copperfield verdict – did the jury just hometown them because the were a non-Nevada plaintiff with a NYC attorney, did the jury hometown them because they were protecting the number one industry in the state (score one for the casinos and those employed by them), or were there real problems with the case?

Anonymous
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Anonymous
May 30, 2018 4:28 pm
Reply to  Anonymous

They had some sub rosa on the Plaintiff. Plaintiff did not come across as credible.

Anonymous
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Anonymous
May 30, 2018 4:44 pm
Reply to  Anonymous

I heard about that, video taken while he was walking around unassisted during trial. I wonder how they got that in…

Anonymous
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Anonymous
May 30, 2018 4:24 pm

Who the efff are Elaine Fresch and Jerry Popovich? Why can't local attorneys defend that case? How come a case like this lasted more than 2 weeks?

Discuss.

Anonymous
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Anonymous
May 30, 2018 4:27 pm
Reply to  Anonymous

You have to figure they were insurance counsel brought in by some carrier (either MGM's or Copperfield's) that had used them as trial counsel in the past.

Anonymous
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Anonymous
May 30, 2018 4:50 pm
Reply to  Anonymous

They're from an LA firm. They have a small office here in Vegas – mostly construction defect stuff.

Anonymous
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Anonymous
May 30, 2018 5:03 pm

It's a bizarre verdict. Jury seems to say that Copperfield, et al. were negligent; but we don't like the plaintiff enough to award any money. There's an appeal in there somewhere.

This would not have happened to Eglet.

I don't think we need to go out on a limb to say that the out-of-town defense firm probably billed a shit-ton of hours on this, so there's that.

Anonymous
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Anonymous
May 30, 2018 5:09 pm
Reply to  Anonymous

"This would not have happened to Eglet" because…

1. Not tried in front of one of E/P's preferred judges;
2. Not clear cut liability

Tracy would have settled the case at mediation. Wisely.

Anonymous
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Anonymous
May 30, 2018 5:12 pm
Reply to  Anonymous

A billing bonanza.

anonymous
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anonymous
May 30, 2018 5:34 pm
Reply to  Anonymous

Mostly agree with 10:09. If Eglet took the case then Tracy would have settled it. She's good at that. They never would have spent weeks trying it. As far as "preferred judges" are concerned, yep there are those, but last I knew he wasn't in charge of the random assignment process when cases get filed.

Anonymous
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Anonymous
May 30, 2018 5:53 pm
Reply to  Anonymous

Eglet did have the case. Plaintiff dropped Eglet for a new attorney locally, who then associated in Benedict Morelli.

Anonymous
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Anonymous
May 30, 2018 6:14 pm
Reply to  Anonymous

In a case he cares about, Eglet always ends up with the judge he wants. If you don't believe that; you're not paying attention.

Anonymous
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Anonymous
May 30, 2018 6:44 pm
Reply to  Anonymous

11:14, I think that's less a function of judicial assignments and more a function that he's allegedly raised tens of thousands of dollars for most of the judges on the bench. So, if by chance the case is assigned to one he doesn't prefer, he kicks that judge and there's a great chance it lands with one he does. The perks of an elected judiciary, folks.

Anonymous
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Anonymous
May 30, 2018 5:19 pm

Very interested to hear if the defense tendered an offer of judgment sometime prior to trial…

anonymous
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anonymous
May 30, 2018 5:40 pm

In other news, I hear Claggett had a $3m-plus verdict yesterday. Anyone have details on that?

Anonymous
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Anonymous
May 30, 2018 7:10 pm

There was a comment yesterday that Stan Hunterton is out at the OBC. When you go to the page for OBC contacts, his name is no longer listed as being Bar Counsel.

Anonymous
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Anonymous
May 30, 2018 7:35 pm
Reply to  Anonymous

Probably a nothingburger.

Anonymous
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Anonymous
May 30, 2018 7:36 pm
Reply to  Anonymous

There also was a post that Janeen Isaacson is now in charge of OBC.

Anonymous
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Anonymous
May 30, 2018 7:43 pm
Reply to  Anonymous

Stan, you will not be missed.

Anonymous
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Anonymous
May 30, 2018 7:51 pm
Reply to  Anonymous

There is no evidence of any kind that Stan Hunterton is out as OBC.The only people who would hope that Stan is out are those who fear, because of their own professional misconduct, the fearless and courageous way Stan enforced the NRPC and protected the public. Stan's been doing amazing work as OBC. Those of us who operate in an ethical manner owe him a debt of gratitude.

Anonymous
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Anonymous
May 30, 2018 8:11 pm
Reply to  Anonymous

@12:51 funny. not funny.

Janeen should have been offered the position before Stan.

Anonymous
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Anonymous
May 30, 2018 8:22 pm
Reply to  Anonymous

12:51, what a crock.

Anonymous
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Anonymous
May 30, 2018 8:54 pm
Reply to  Anonymous

12:51: nice troll

Anonymous
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Anonymous
May 30, 2018 9:29 pm
Reply to  Anonymous

I agree with 12:51. When Stan first descended from the Heavens he Blessed all among the least of us, especially solo practitioners. His even tempered self control is a model for all those in leadership positions. His exceptional intellectual abilities can only be God-Given. …

Anonymous
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Anonymous
May 30, 2018 9:47 pm
Reply to  Anonymous

12:51 and 2:29, y'all are too much! ��

anonymous
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anonymous
May 31, 2018 4:05 pm
Reply to  Anonymous

Someone must have the scoop on what went down. Let's hear it!

Anonymous
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Anonymous
June 1, 2018 7:39 pm
Reply to  Anonymous

one thing I can guarantee you is that Stan was not deposed as a result of being too big of a dick to attorneys or too unfair. my money is on somebody higher up got in a snit, so he is gone

Anonymous
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Anonymous
June 1, 2018 7:45 pm
Reply to  Anonymous

Stan left on his own. He is not well, in any sense of the word.

Anonymous
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Anonymous
June 1, 2018 7:58 pm
Reply to  Anonymous

well i wish him good luck. there is enough hatred in this biz

Anonymous
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Anonymous
June 1, 2018 8:27 pm
Reply to  Anonymous

It is not hatred. It is karma, and it is best served cold.

Anonymous
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Anonymous
June 7, 2018 12:16 am
Reply to  Anonymous

i know but sometimes i just need to say something that sounds nice

Anonymous
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Anonymous
May 30, 2018 8:16 pm

hahahaha 12:51 tears are literally rolling down my face right now – wow – that has to be the best trolling ever ever ever hahaha – I can't hardly breathe right now – I have to go

Anonymous
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Anonymous
May 30, 2018 9:30 pm

Right 12:51, and when he farts, little cotton candy unicorns fill the room

Anonymous
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Anonymous
May 30, 2018 9:33 pm

I am tired of the anonymous cowards on this blog attacking good decent people like Gene Leverty, Stan Hunterton and Jim Hardesty. These guys are making the world a better place while you are contributing nothing.

Anonymous
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Anonymous
May 30, 2018 9:37 pm
Reply to  Anonymous

Says an anonymous coward known only as 2:33 pm.

Anonymous
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Anonymous
May 30, 2018 9:46 pm

I would ask 2:37 if it is possible that 2:33 is simply indulging in sarcasm, albeit in its driest and most difficult to detect form.

Anonymous
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Anonymous
May 30, 2018 10:13 pm
Reply to  Anonymous

2:37 AND 2:46 best comments of the day!

Anonymous
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Anonymous
May 30, 2018 10:40 pm
Reply to  Anonymous

@2:46 – My favorite kind of sarcasm is the kind that is driest and most difficult to detect.

Anonymous
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Anonymous
May 30, 2018 11:50 pm

I watched a couple minutes of the Republican Gubernatorial "Forum" last night. I didn't think it was possible for his face to be any more punchable, but alas, I was wrong. Somehow its powers have grown.

Anonymous
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Anonymous
May 31, 2018 12:16 am
Reply to  Anonymous

Keeping it classy I see.

Anonymous
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Anonymous
May 31, 2018 3:56 pm
Reply to  Anonymous

better get used to that face these next 4/8 yrs so long as the dems are fighting over who is more liberal.

Anonymous
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Anonymous
May 31, 2018 5:11 pm
Reply to  Anonymous

ahem, progressive.

Anonymous
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Anonymous
June 1, 2018 3:38 pm
Reply to  Anonymous

This comment has been removed by the author.

Anonymous
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Anonymous
June 1, 2018 3:40 pm
Reply to  Anonymous

Did anyone else hear would-be Trump, Jr. say the word "irreprehensible" in his pre-rehearsed answer to the question about Me Too?

Anonymous
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Anonymous
May 31, 2018 4:17 pm

I have to believe this part of the closing was very persuasive:

As Copperfield’s lawyer, Elaine Fresch, wrapped up her closing arguments, black letters spelling out “Who is the illusionist in this trial?” hung on a white screen in front of the eight women and four men deciding on a 2013 slip and fall at the MGM Grand.

Occasionally at breaks during the two-month civil trial, Gavin Cox has used the aid of a family member’s arm to walk through the Regional Justice Center. He testified about the need for such assistance earlier in the trial.

After Fresch played video that showed Gavin Cox walking unassisted outdoors, a lawyer for the show’s stagehands took the defense argument a step further.

“He was busted,” Lee Roberts said. “The tapes don’t lie. He’s been faking it in this courtroom.”

https://www.reviewjournal.com/crime/courts/man-suing-david-copperfield-deceived-jury-lawyers-say/

Anonymous
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Anonymous
May 31, 2018 4:44 pm
Reply to  Anonymous

I agree that this was good argument. It's a good thing that a California lawyer was on the case with Lee Roberts. A Clark County attorney could not have possibly made the same argument on their own.

This is sarcasm. Lee Roberts is a fine lawyer and nice man.

Anonymous
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Anonymous
May 31, 2018 4:54 pm
Reply to  Anonymous

Elaine has been practicing in Clark County for about as long as Lee has. Both are good lawyers. They defended the case in spite of having a California lawyer at the table.

Anonymous
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Anonymous
May 31, 2018 4:27 pm

Vicki Greco pleaded guilty to three felonies according to the RJ:

https://www.reviewjournal.com/crime/courts/suspended-las-vegas-lawyer-pleads-guilty-to-felonies/

Anonymous
Guest
Anonymous
May 31, 2018 5:55 pm
Reply to  Anonymous

And the 3 felonies + the GM "encompassed the entirety of her acts." Didn't stop the DA from indicting her on 138 counts to begin with, though.