Implications of Expanding Litigation Risks

When considering pursuing litigation anywhere in the United States, potential plaintiffs should consider and canvass the potential defendants who may be culpable. Courts around the country are taking a broad view of what claim, issue and party preclusion means in litigation. Specifically, the Nevada Supreme Court recently took the view that any known party who could have been joined to litigation must be added, or the plaintiff risks losing its claims against those unnamed parties. See Weddell v. Sharp, 131 Nev.Adv.Op. No. 28 (May 28, 2015). This ruling in Nevada should be heeded closely by plaintiffs in fraud-related matters, as fraud often involves multiple parties, some of whom may not know they were involved in a fraudulent scheme, and arguably did nothing illegal. In other words, plaintiffs and their counsel should take extra care when bringing any legal action to make certain they thought through the ramifications of the facts supporting the case, and how they raise claims against third parties.

Click here to read the entire article, published in Nevada Business Magazine.