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Full-Text Articles in Law
Summary Of Lehrer Mcgovern Bovis V. Bullock Insulation, 124 Nev. Adv. Op. No. 39, Katie Weber
Summary Of Lehrer Mcgovern Bovis V. Bullock Insulation, 124 Nev. Adv. Op. No. 39, Katie Weber
Nevada Supreme Court Summaries
Appeal from three consolidated district court judgments, and from post-judgment orders denying a new trial and awarding attorney’s fees and costs.
Summary Of Mayfield V. Koroghli, 124 Nev. Adv. Op. Citation 34, Nevada Law Journal
Summary Of Mayfield V. Koroghli, 124 Nev. Adv. Op. Citation 34, Nevada Law Journal
Nevada Supreme Court Summaries
This case is a consolidated appeal from district court judgments granting specific performance and awarding costs in a real property action.
Summary Of Whitemaine V. Aniskovich, 124 Nev. Advanced Opinion 29, Meredith Holmes
Summary Of Whitemaine V. Aniskovich, 124 Nev. Advanced Opinion 29, Meredith Holmes
Nevada Supreme Court Summaries
Appellant Whitemaine had concurrent employment contracts with Bank of America Investment Services, Inc. (BAIS) and Bank of America, N.A. The BAIS contract contained a provision requiring appellant to arbitrate any dispute related to her employment. The Bank of America contract contained no arbitration clause, but contained an integration clause. The issue in this case was whether two employment contracts can constitute a single agreement when one of them contains an integration clause.
Incidental Findings: A Common Law Approach, Stacey A. Tovino
Incidental Findings: A Common Law Approach, Stacey A. Tovino
Scholarly Works
Federal regulations governing human subjects research do not address key questions raised by incidental neuroimaging findings, including the scope of a researcher’s disclosure with respect to the possibility of incidental findings and the question whether a researcher has an affirmative legal duty to seek, detect, and report incidental findings. The scope of researcher duties may, however, be mapped with reference to common law doctrine, including fiduciary, tort, contract, and bailment theories of liability.
Mandating Minimum Quality In Mass Arbitration, Jeffrey W. Stempel
Mandating Minimum Quality In Mass Arbitration, Jeffrey W. Stempel
Scholarly Works
The Supreme Court's decision in McMahon and its progeny has led many businesses and employers to embrace what was once deemed a localized, industry-specific practice. The "new" or "mass arbitration" only mildly resembles the traditional system employed by niches in industry for settling commercial matters among commercial actors. While the "old" system involved parties who were relatively equal in bargaining power and knowledge, these systems for mass arbitration lack a freely entered bargain and resemble more closely, contracts of adhesion. Privatized arbitration resolves issues of both statutory and substantive law, and there is a strong argument, given the inexperience of …
After The Battle Of The Forms, Francis J. Mootz Iii
After The Battle Of The Forms, Francis J. Mootz Iii
Scholarly Works
Commercial parties continue to fight the battle of the forms, but electronic contracting is quickly rendering this practice obsolete. In this article I assess the legal landscape for commercial parties after the battle of the forms. In Section I, I briefly describe the (relatively) settled law under U.C.C. § 2-207. I then describe how these rules permit commercial parties to erect a force-field to protect themselves from being subjected to unwanted terms, and the developments in web-based contracting and recent case law applying contract formation principles to electronic contracting. Finally, I discuss how the growth of electronic contracting will eliminate …