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Full-Text Articles in Law
Summary Of Hsu V. County Of Clark, 123 Nev. Adv. Op. No. 60, Diane L. Welch
Summary Of Hsu V. County Of Clark, 123 Nev. Adv. Op. No. 60, Diane L. Welch
Nevada Supreme Court Summaries
This case is an appeal from a district court order, entered on remand, dismissing an inverse condemnation action. While the current appeal was pending, the Nevada Supreme Court decided an intervening case with substantively similar facts which changed Nevada law when analyzing airspace takings.
Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen
Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen
Nevada Supreme Court Summaries
Appeal for writ of prohibition to determine if a district court can retain jurisdiction over disputes from a settlement agreement between parties, after the district court previously dismissed the case with prejudice.ve-flas
Summary Of Leven V. Frey, 123 Nev. Adv. Op. No. 40, William Miller
Summary Of Leven V. Frey, 123 Nev. Adv. Op. No. 40, William Miller
Nevada Supreme Court Summaries
This appeal clarifies the procedure and standard for judgment renewal, under NRS 17.214. The Nevada Supreme Court held that an individual must show timely filing of an affidavit, timely recording of the affidavit (if the judgment to be renewed was recorded), and timely service of the affidavit. Furthermore, the statutory language requires strict compliance.
Summary Of Arnold V. Kip, 123 Nev. Adv. Op. No. 41, Barbara Mcdonald
Summary Of Arnold V. Kip, 123 Nev. Adv. Op. No. 41, Barbara Mcdonald
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Clark Cty. Sch. Dist. V. Richardson Constr., 123 Nev. Adv. Op. 39, Danielle Tarmu
Summary Of Clark Cty. Sch. Dist. V. Richardson Constr., 123 Nev. Adv. Op. 39, Danielle Tarmu
Nevada Supreme Court Summaries
Appeal from judgment awarding $225,000 to Richardson Construction and order imposing sanctions upon Clark County School District (hereinafter “CCSD”).
Summary Of Caballero V. Dist. Ct., 123 Nev. Adv. Op. No. 34, Jerald Van Rhyn
Summary Of Caballero V. Dist. Ct., 123 Nev. Adv. Op. No. 34, Jerald Van Rhyn
Nevada Supreme Court Summaries
Petitioner Caballero didn’t speak English and wanted an interpreter for his small claims proceedings. The justice court denied his request on the ground that he wasn’t disabled under NRS 50.050.2 The Supreme Court held that the justice court had an inherent power to allow a volunteer interpreter or appoint one in the alternative if justice demands it. Further, the Supreme Court held that the justice court had an express power of appointment under JCRCP 43(f).3 The Supreme Court therefore issued a write of mandamus ordering the district court’s order vacated and remanding the issue to justice court for consideration.
Summary Of Marcuse V. Del Webb Communities, 123 Nev. Adv. Op. No. 30, Jeremy K. Cooper
Summary Of Marcuse V. Del Webb Communities, 123 Nev. Adv. Op. No. 30, Jeremy K. Cooper
Nevada Supreme Court Summaries
Appeal of a district court’s dismissal of a construction defect class action. Also, appeal from a district court’s denial of appellants’ motion to consolidate their claim and their motion for a separate trial within a class action (first action) and appeal from a district court’s order granting respondent’s motion to dismiss appellant’s pursuit of a second action independent from the class action under the doctrines of res judicata and collateral estoppel (second action). The Nevada Supreme Court affirmed the district court’s dismissal of the class action based on the settlement and reversed the district court’s order granting respondent’s motion to …
Summary Of Nelson V. Heer, 123 Nev. Adv. Op. 26, Shauna Welsh
Summary Of Nelson V. Heer, 123 Nev. Adv. Op. 26, Shauna Welsh
Nevada Supreme Court Summaries
Review of district court’s order denying a motion for judgment as a matter of law based on the statutory interpretation of N.R.S. Chapter 113, which governs the sale of real property.
Summary Of Callie V. Bowling, 123 Nev. Adv. Op. No. 22, Bret Meich
Summary Of Callie V. Bowling, 123 Nev. Adv. Op. No. 22, Bret Meich
Nevada Supreme Court Summaries
The court considered whether a judgment creditor in a domesticated foreign judgment may add a nonparty to a final judgment, under the alter ego doctrine, simply by moving to amend the judgment. The court held that such a procedure violates the due process rights of the nonparty whom the creditor seeks to add. To observe the requisite attributes of due process, a judgment creditor who wishes to assert an alter ego claim must do so in an independent action against the alleged alter ego.
Summary Of Schmidt V. Washoe County, 123 Nev. Adv. Op. No. 16, Matthew H. Engle
Summary Of Schmidt V. Washoe County, 123 Nev. Adv. Op. No. 16, Matthew H. Engle
Nevada Supreme Court Summaries
Gary R. Schmidt raised six alleging violation of Nevada’s Open Meeting Law, NRS § 241 et seq. The first four stemmed from a Washoe County Board of Commissioners (“WCBC”) meeting on January 11, 2005. First, that the WCBC violated the Open Meeting Law by “pulling” a lobbying contract from its agenda. Second, that WCBC violated the law when it allegedly deliberated on whether to remove the lobbying contract item from its agenda. Third, that WCBC improperly reduced his allotment of time to speak on the lobbying contract. Fourth, that WCBC improperly refused to read into the record letters written by …
Summary Of Edwards V. Ghandour, 123 Nev. Adv. Op. No. 14, Jennifer Arias
Summary Of Edwards V. Ghandour, 123 Nev. Adv. Op. No. 14, Jennifer Arias
Nevada Supreme Court Summaries
On October 22, 1998, Edwards and two of his business partners filed their original complaint. In the complaint, Edwards and his partners alleged they were fraudulently induced into leasing restaurant space and brought claims against eleven defendants. While counsel initially represented Edwards and his partners, the lawyer was forced to withdraw, after being disbarred. In his amended complaint, Edwards, who was not authorized to practice law, named, on their behalf, both business partners. In fact, Edwards named one partner who wished to be removed. The district court ruled that the amended complaint would relate solely to Edwards and removed the …
Summary Of Monroe V. Columbia Sunrise Hospital And Medical Center, 123 Nev. Adv. Op. 13, Ryan Andrus
Summary Of Monroe V. Columbia Sunrise Hospital And Medical Center, 123 Nev. Adv. Op. 13, Ryan Andrus
Nevada Supreme Court Summaries
Appellant Monroe appeals from the Eighth Judicial District Court’s grant of dismissal pursuant to NRCP 41(e). Monroe brought claims on behalf of herself and her son James.
Summary Of Francesca Bero-Wachs V. The Law Office Of Logar And Pulver, 123 Nev. Adv. Op. 10, Judy Carol Cox
Summary Of Francesca Bero-Wachs V. The Law Office Of Logar And Pulver, 123 Nev. Adv. Op. 10, Judy Carol Cox
Nevada Supreme Court Summaries
Appellant Bero-Wachs appeals from a district court order upholding her attorney’s lien which attached her IRA accounts and included accountant fees. Respondent Lograr petitions for a writ of mandamus, seeking a declaration that Bero-Wachs’ alimony award is attachable to his attorney’s lien.
Keeping Arbitrations From Becoming Kangaroo Courts, Jeffrey W. Stempel
Keeping Arbitrations From Becoming Kangaroo Courts, Jeffrey W. Stempel
Scholarly Works
Arbitration has grown rapidly during the past 20 years. Particularly notable and problematic is the rapid onset of new or mass arbitration that has resulted from the judiciary's modern favorable attitude toward enforcement of arbitration clauses, even those imposed upon consumers, employees, small vendors, and debtors as part of a standardized contract of adhesion. In a separate article (See "Mandating Minimum Quality in Mass Arbitration," 76 U. Cin. L. Rev. (forthcoming 2007)), I present a more comprehensive list of what I regard as the necessary steps that must be taken to insure minimally acceptable quality and fairness in mass arbitration. …
Introduction: Dreaming About Arbitration Reform, Jean R. Sternlight
Introduction: Dreaming About Arbitration Reform, Jean R. Sternlight
Scholarly Works
This is an introduction to articles submitted as part of the Saltman Center for Dispute Resolution’s Symposium, Rethinking the Federal Arbitration Act: An Examination of Whether and How the Statute Should be Amended. The panelist’s remarks are divided into five categories: whether and when arbitration agreements ought to be enforceable, how responsibilities and legal issues should be divided among arbitrators and courts, terms under which courts should be able to vacate arbitral awards, multi-jurisdictional issues brought into play by the Federal Arbitration Act and its interpretation, and the FAA through a wide-angle lens rather than focusing on particular narrow aspects …
In Defense Of Mandatory Arbitration (If Imposed On The Company), Jean R. Sternlight
In Defense Of Mandatory Arbitration (If Imposed On The Company), Jean R. Sternlight
Scholarly Works
Having spent much of her academic life battling companies' mandatory imposition of binding arbitration on consumers and employees, the author now switches gears. This Article contemplates whether mandatory binding arbitration is acceptable if imposed by the government on companies (governmental mandatory arbitration) rather than by companies on their employees and consumers (private mandatory arbitration). Specifically, the Article considers the possibility of statutes that would provide little guys (consumers and employees) with an opportunity to take their disputes to binding arbitration rather than litigation. If the little guys chose arbitration over litigation, post-dispute, companies would have to agree to such arbitration, …