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Mona V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 72 (Sept. 29, 2016), William Nobriga
Mona V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 72 (Sept. 29, 2016), William Nobriga
Nevada Supreme Court Summaries
The Court concluded that an individual’s personal assets are not subject to discovery or execution merely because the individual also serves as the managing agent of a judgment debtor in a representative capacity.
Summary Of Fulbright & Jaworski Llp V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 5, Chelsea Lancaster
Summary Of Fulbright & Jaworski Llp V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 5, Chelsea Lancaster
Nevada Supreme Court Summaries
The Court determined that (1) “a general jurisdiction inquiry calls for an appraisal of a defendant’s activities in their entirety, nationwide and worldwide”; and (2) “an out-of-state law firm that is solicited by a Nevada client to represent the client on an out-of-state matter does not subject itself to [specific] personal jurisdiction in Nevada simply by virtue of agreeing to represent the client.” Additionally, the Court reaffirmed that “[p]urposeful availment requires that the cause of action arise from the consequences in the forum state of the defendant’s activities.”
Setting Foot On Enemy Ground: Cease-And-Desist Letters, Dmca Notifications And Personal Jurisdiction In Declaratory Judgment Actions, Marketa Trimble
Setting Foot On Enemy Ground: Cease-And-Desist Letters, Dmca Notifications And Personal Jurisdiction In Declaratory Judgment Actions, Marketa Trimble
Scholarly Works
In declaratory judgment actions brought by alleged infringers against rights holders, such as actions for declaration of invalidity or non-infringement of intellectual property rights, U.S. courts have long maintained that sending a cease-and-desist letter alone, absent other acts in an alleged infringer's forum, is not a sufficient basis for personal jurisdiction over the rights holder who mailed them to the alleged infringer's forum. Notwithstanding the similarities between cease-and-desist letters and notifications under the Digital Millennium Copyright Act (DMCA), the Tenth Circuit Court of Appeals recently decided that sending a notification alone does establish a basis for personal jurisdiction over the …
Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel
Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel
Scholarly Works
Many scholars of the dispute resolution system perceive a sea change in attitudes toward adjudication that took place in the mid-1970s. Among the events of the time included the Pound Conference, which put the Chief Justice of the United States and the national judicial establishment on record in favor of at least some refinement, if not restriction, on access to courts. In addition, Chief Justice Burger, the driving force behind the Pound Conference, also used his bully pulpit as Chief Justice of the Supreme Court to promote ADR, particularly court-annexed arbitration. The availability of judicial adjuncts such as court-annexed arbitration …
Comparativist Ruminations From The Bayou On Child Custody Jurisdiction: The Uccja, The Pkpa, And The Hague Convention On Child Abduction, Christopher L. Blakesley
Comparativist Ruminations From The Bayou On Child Custody Jurisdiction: The Uccja, The Pkpa, And The Hague Convention On Child Abduction, Christopher L. Blakesley
Scholarly Works
Interstate and international jurisdictional problems are often vexing. They are worse in matters of child custody. In the past, jurisdiction to obtain custody or to modify a custody decree required only presence or domicile. The United States population is transient and custody decisions are subject to modification. The volatility of child custody disputes and the tendency of parents to move to different and separate jurisdictions traditionally caused and continue to cause difficult problems for children, parents, and the legal system. Before the promulgation of the Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnapping Prevention Act (PKPA), it was …
Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley
Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley
Scholarly Works
Custody determinations traditionally have comprised a subcategory of litigation under the Pennoyer v. Neff exception for proceedings relating to status. Of course, states have the power to decide the status of their domiciliaries. It was natural, therefore, for the courts and scholars of the nineteenth and early twentieth centuries to consider domicile the sole basis of jurisdiction in custody matters. Gradually, judges and scholars began to challenge the notion that domicile was the sole basis and courts began to apply other bases, such as the child's presence in the state or personal jurisdiction over both parents. One commentator suggests that …