Law Commons^™

Summary Of Dogra V. Liles, 129 Nev. Adv. Op. 100, Jeff Scarborough

Nevada Supreme Court Summaries

The Court determined three issues: (1) whether a nonresident defendant is subject to personal jurisdiction in Nevada when the sole basis asserted is her adult child’s unilateral act of driving the defendant’s vehicle in Nevada; (2) whether a defendant’s filing of a motion to consolidate in a Nevada court waived her right to object to the court’s exercise of personal jurisdiction over her; and (3) whether an interpleader action filed by a defendant’s car insurance company subjects its insured to personal jurisdiction in Nevada.

Summary Of Lytle V. Rosemere Estate Prop. Owners, 129 Nev. Adv. Op. 98, Allison Vitangeli

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether an NRCP 59(e) motion to alter or amend may be properly directed at a post-judgment order or whether that rule is limited to final judgments; and (2) whether NRAP 4(a)(4) tolling applied to the appellants’ NRCP 59(e) motion.

Summary Of Brooksby V. Nev. State Bank, 129 Nev. Adv. Op. 82, Michael Bowman

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether a judgment creditor may garnish a nondebtor’s funds in bank accounts held jointly with a judgment debtor; and (2) whether NRS 31.070 imposes an absolute deadline for making a third-party claim, thereby precluding the district court from having jurisdiction.

Summary Of Humphries V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 85, Sean Daly

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether relief through a writ of mandamus was appropriate for the petitioners, Humphries and Rocha, and (2) whether Ferrell, a non-party cotortfeasor, was a necessary party under NRCP 19(a).

Jurisdiction And The Enforcement Of Foreign Judgments, Tanya Monestier

Law Faculty Scholarship

No abstract provided.

Election Law Pleading, Joshua A. Douglas

Law Faculty Scholarly Articles

This Article explores how the Supreme Court’s recent pleading decisions in Twombly and Iqbal have impacted election litigation. It explains how Twombly and Iqbal’s “factual plausibility” standard usually does not help in an election case, because there is often little factual dispute regarding the operation of the election practice. Instead, the real question in a motion to dismiss is whether the plaintiff has stated a viable cause of action against the government defendant who is administering the election. But Twombly and Iqbal’s rule does not assist in answering this question. That is, Twombly and Iqbal are incongruent with …

Summary Of Stilwell V. City Of North Las Vegas And City Of Boulder City, 129 Nev. Adv. Op. 76, Kylee Gloeckner

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether the district court’s appellate jurisdiction is final for cases that originate in the municipal courts; and (2) whether NRS 176.115 creates an additional right of appeal for a defendant who has already been given an opportunity to appeal and who has been unsuccessful.

State Of Trujillo V. State, 129 Nev. Adv. Op. 78, Laura Guidry

Nevada Supreme Court Summaries

The Court determined issues: (1) whether the common law writ of coram nobis may be used in Nevada; and (2) whether a petitioner may use the writ of coram nobis to seek relief of judgment from his guilty plea to a felony when his counsel failed to warn him of the immigration implications of the plea.

Summary Of Wells Fargo Bank, N.A. V. O’Brien, 129 Nev. Adv. Op. 71, Patrick Opdyke

Nevada Supreme Court Summaries

The Court determined whether a district court order for judicial review of foreclosure mediation and remanding for further mediation is final and appealable, or whether it is not final and not appealable.

Summary Of In Re Citycenter Construction & Lien Master Litigation, 129 Nev. Adv. Op. 70, Michael Paretti

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether the district court was correct in holding that an amended pleading must be dismissed because it was not filed with an affidavit and expert report required under Nevada law; (2) and whether the entire case must be dismissed or just the amended complaint must be dismissed under the meaning of “action.”

Summary Of Mcknight Family, Llp V. Adept Mgmt. Services, Inc., Et. Al., 129 Nev. Adv. Op. 64, Whitney E. Short

Nevada Supreme Court Summaries

The Court determined three issues: (1) whether the district court had the authority to dismiss the complaint pursuant to NRS 38.310;2 (2) whether the district court erred in dismissing all seven claims (preliminary/permanent injunction, negligence, breach of contract, violation of NAC 116.300,3 violation of NAC 116.341,4 violation of NRS 116.1113 and 116.3103, and slander of title/wrongful foreclosure/quiet title) subject to NRS 38.310; and (3) whether the district court erred in setting aside the default judgment against Design 3.2.

Happy Anniversary To The Cplr: A Joint Achievement Of The Practicing Bar And The Academy, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

This September, we celebrated the 50th anniversary of the Civil Practice Law and Rules of New York State. The CPLR was the handiwork of the Advisory Committee on Practice and Procedure, appointed in 1955 by the New York State Temporary Commission on the Courts. Under the leadership of the Committee's reporter, then Columbia Law School Professor Jack B. Weinstein, the Committee members, which included former New York State Bar Association presidents Jackson Dykman and S. Hazard Gillespie, spent five years overhauling, revising and reforming the Civil Practice Act of 1920. This remarkable joint venture between the practicing bar and the …

Footnote Online Supplement: State Truancy Law Compilation, Dean H. Rivkin

College of Law Faculty Scholarship

This compilation of state truancy laws is being provided as a footnote supplement to the forthcoming article No Child Left Behind? Representing Youth and Families in Truancy Matters (2013) by Prof. Dean Hill Rivkin and Brenda McGee, of The Education Law Practicum at the University of Tennessee College of Law. It is an updated version of the laws listed in the Juvenile Law Center’s excellent amicus curiae brief in Bellevue School District v. E.S., Brief of Juvenile Law Center, et al., As Amicus Curiae on Behalf of Respondent, Bellevue Sch. Dist. v. E.S., 257 P.3d 570 (Wash. 2011) …

Brief Of Amici Curiae In Support Of Appellant, James Townsend V. Midland Funding, Llc, Stuart Robert Cohen, Peter A. Holland

Court Briefs

The Consumer Protection Clinic of the University of Maryland Francis King Carey School of Law, filed a Motion to Participate and an Amicus Brief in the case of Townsend v. Midland Funding, LLC. The case presents the question of whether documents created by third party predecessors in interest—usually a bank—may be admitted into evidence when a debt buyer plaintiff does not demonstrate personal knowledge regarding any of the foundational elements which would be required to admit the documents under the business records exception to the hearsay rule. Amici urge the Court to overturn the lower court, and hold that a …

Summary Of Loeb V. First Judicial District Court, 129 Nev. Adv. Op. 62, Casey J. Stiteler

Nevada Supreme Court Summaries

The Court considered a petition for a writ of prohibition or mandamus challenging a district court order denying a motion to serve individual defendants by publication. The question before the court was whether a party residing outside of the United States may be served by publication pursuant to NRCP 4(e)(1)(i) and (iii), rather than under the terms of the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters when the party’s address is known.

Summary Of Vanguard Piping V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 63, Allison Vitangeli

Nevada Supreme Court Summaries

The Court determined whether NRCP 16.1(a)(1)(D) compels disclosure of all insurance agreements, regardless of whether the primary policy limits exceed the amount of potential liability or whether the policies provide secondary coverage.

Discovering The Right To Criminal Disclosure: Lessons From Civil Procedure, Denise Huiwen Wong

Research Collection Yong Pung How School Of Law

The amendments to the Criminal Procedure Code (Cap 68, 1985 Rev Ed) and subsequent case law developments have created a patchwork of rules governing the disclosure obligations of parties in criminal cases. This article argues that parties have thereby been endowed with a right that is exercisable in the courts to access the material to which the law says they are entitled. However, there are currently no proper procedural mechanisms in place for parties to make interlocutory applications to obtain such material. This article examines the competing values and ideals of a criminal discovery regime, and suggests that concepts such …

Summary Of Bradford V. Eighth Judicial District Court, 129 Nev. Adv. Op. 60, Edward Wynder

Nevada Supreme Court Summaries

The Court considered a petition for a writ of mandamus or prohibition from a Petitioner who failed to timely appeal an adverse judgment.

15th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2013, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Pleading And Access To Civil Justice: A Response To Twiqbal Apologists, A. Benjamin Spencer

Faculty Publications

Professor Stephen Yeazell once wrote, ''A society based on the rule of law fails in one of its central premises if substantial parts of the population lack access to law enforcement institutions."" One apparent threat to access to justice in recent years has been the erosion of notice pleading in the federal courts in favor of a plausibility-pleading system that screens out potentially meritorious claims that fail to offer sufficient specificity and support at the pleading stage. But some have questioned whether this purported threat is more perceived than real. Indeed, this doctrinal shift has been defended in several ways …

Competition Policy And The Patent System, Herbert J. Hovenkamp

All Faculty Scholarship

This book of CASES AND MATERIALS ON INNOVATION AND COMPETITION POLICY is intended for educational use. The book is free for all to use subject to an open source license agreement. It considers numerous sources of competition policy in addition to antitrust, including those that emanate from the intellectual property laws themselves, and also related issues such as the relationship between market structure and innovation, the competitive consequences of regulatory rules governing technology competition such as net neutrality and interconnection, misuse, the first sale doctrine, and the Digital Millennium Copyright Act (DMCA). Chapters will be updated frequently. The author uses …

Summary Of Mountain View Recreation, Inc. V. Imperial Commercial Cooking Equipment Co., 129 Nev. Adv. Op. 45, Benjamin Reitz

Nevada Supreme Court Summaries

Appeal from a district court order granting respondents’ motion to transfer venue from Nye County to Clark County. The Court reversed the district court order, concluding that the district court abused its discretion because it (1) lacked sufficient evidence in the record to support transfer under the doctrine of forum non conveniens; (2) failed to properly analyze the issues under NRS 3.100(2) and past precedent requiring Nevada counties to provide adequate courtroom facilities; and (3) failed to consider the docket congestion in Clark County before reaching its decision.

Summary Of County Of Clark V. Howard Hughes Co., Llc, 129 Nev. Adv. Op. 44, David H. Rigdon

Nevada Supreme Court Summaries

Appeal from a district court order denying a motion for change of venue for a petition for judicial review of a State Board of Equalization decision regarding a property tax valuation.

Summary Of Frei V. Goodsell, 129 Nev. Adv. Op. 43, David Rothenberg

Nevada Supreme Court Summaries

Appeal from a district court judgment on a jury verdict in a legal malpractice action claiming issue preclusion and offering extrinsic evidence of intent regarding obligations of a trust. The Court made clear the requirements for issue preclusion and also concluded that a party cannot introduce extrinsic evidence of a testator's intent to create ambiguity or otherwise alter the plain language of the trust. The Court affirmed the district court's judgment.

Contrition In The Courtroom: Do Apologies Affect Adjudication?, Jeffrey J. Rachlinski, Chris Guthrie, Andrew J. Wistrich

Cornell Law Faculty Publications

Apologies usually help to repair social relationships and appease aggrieved parties. Previous research has demonstrated that in legal settings, apologies influence how litigants and juries evaluate both civil and criminal defendants. Judges, however, routinely encounter apologies offered for instrumental reasons, such as to reduce a civil damage award or fine, or to shorten a criminal sentence. Frequent exposure to insincere apologies might make judges suspicious of or impervious to apologies. In a series of experimental studies with judges as research participants, we find that in some criminal settings, apologies can induce judges to be more lenient, but overall, apologizing to …

With Apologies To Paxton Blair, Peter B. Rutledge

Scholarly Works

Much has been written on the forum non conveniens doctrine, yet I nonetheless believe that recent developments in related areas still enable scholars to offer an original perspective on the subject. In this brief essay, I advance the following thesis: the forum non conveniens doctrine developed in response to a specific set of doctrines and specific social phenomena. The waning of some of those doctrines have diminished though not altogether eliminated the need for forum non conveniens, which always has had a suspect status following Erie’s declaration that there is “no federal general common law.” While it is most certainly …

Courts Should Apply A Relatively More Stringent Pleading Threshold To Class Actions, Matthew J.B. Lawrence

Faculty Scholarly Works

Policymakers from Senator Edward Kennedy to Civil Rules Advisory Committee Reporter Edward Cooper have proposed that class actions be subject to a more stringent pleading threshold than individually-filed suits, yet the question has not been fully explored in legal scholarship. This Article addresses that gap. It shows that courts following the guidance of Bell Atlantic v. Twombly should apply a relatively more stringent pleading threshold to class actions, and a relatively less stringent threshold to individually-filed suits.

This contribution is set forth in two steps. First, this Article explains that, all else being equal, the anticipated systems’ costs and benefits …

Erie's International Effect: A Reply, Donald Earl Childress Iii

NULR Online

No abstract provided.

Summary Of Brown V. Mhc Stagecoach, Llc, 129 Nev. Adv. Op. 37, Katelyn M. Franklin

Nevada Supreme Court Summaries

The Court considered Brown’s appeal from a district court’s order statistically closing her employment discrimination case against MHC Stagecoach LLC (MHC). The Court held that a form order statistically closing a case is not an appealable judgment under Nevada Rule of Appellate Procedure 3A(b)(1).

Summary Of Chapman V. Deutsche Bank Nat'l Trust Co., 129 Nev. Adv. Op. 34, Timothy A. Wiseman

Nevada Supreme Court Summaries

The Court considered whether a quiet title action was characterized as in personam, in rem, or quasi in rem. The Court also considered whether an action for unlawful detainer was characterized as in personam, in rem, or quasi in rem.