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Full-Text Articles in Law
Summary Of Saavedra-Sandoval V. Wal-Mart Stores, Inc., 126 Nev. Adv. Op. No. 55, Kammi Rencher
Summary Of Saavedra-Sandoval V. Wal-Mart Stores, Inc., 126 Nev. Adv. Op. No. 55, Kammi Rencher
Nevada Supreme Court Summaries
A plaintiff in a tort action appealed from a district court order denying her motion to enlarge time for service of process.
Summary Of Yonker Construction, Inc. V. Hulme, 126 Nev. Adv. Op. 54, Justin Shiroff
Summary Of Yonker Construction, Inc. V. Hulme, 126 Nev. Adv. Op. 54, Justin Shiroff
Nevada Supreme Court Summaries
The Court considered an appeal from a district court order expunging a mechanic’s lien under NRS 108.2275.
Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni
Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni
Nevada Supreme Court Summaries
The Nevada Supreme Court denied Goodyear’s request for a rehearing regarding the Court’s ruling in Bahena I.2 Additionally, the Court clarified that evidentiary hearings are not mandatory for non-case concluding sanctions.
Summary Of Awada V. Shuffle Master, Inc., 123 Nev. Adv. Op. No. 57, Magali Calderon
Summary Of Awada V. Shuffle Master, Inc., 123 Nev. Adv. Op. No. 57, Magali Calderon
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Moon V. Mcdonald, Carano & Wilson, Llp, 129 Nev. Adv. Op. 56, David Rothenburg
Summary Of Moon V. Mcdonald, Carano & Wilson, Llp, 129 Nev. Adv. Op. 56, David Rothenburg
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Wyeth V. Rowatt, 126 Nev. Adv. Op. No. 44, Yam Xiong Li
Summary Of Wyeth V. Rowatt, 126 Nev. Adv. Op. No. 44, Yam Xiong Li
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Elyousef V. O’Reilly & Ferrario, Llc, 126 Nev. Adv. Op. No. 43, Ashley C. Nikkel
Summary Of Elyousef V. O’Reilly & Ferrario, Llc, 126 Nev. Adv. Op. No. 43, Ashley C. Nikkel
Nevada Supreme Court Summaries
An appeal from a summary judgment in a legal malpractice action.
Summary Of Schuck V. Signature Flight Support, 126 Nev. Adv. Op. No. 42, Robert E. Opdyke
Summary Of Schuck V. Signature Flight Support, 126 Nev. Adv. Op. No. 42, Robert E. Opdyke
Nevada Supreme Court Summaries
An appeal from a district court’s decisions: (1) granting summary judgment against the plaintiff; (2) awarding unpaid fees and costs to plaintiff’s attorneys; and (3) denying plaintiff’s 60(b) motion for relief from judgment.
Summary Of Schiff V. Winchell, 126 Nev. Adv. Op. No. 32, Amy Kominsky
Summary Of Schiff V. Winchell, 126 Nev. Adv. Op. No. 32, Amy Kominsky
Nevada Supreme Court Summaries
The Court determined whether the pre-judgment interest rate is calculated based the date of the original judgment or the date of affirmation on appeal.
Summary Of Quinlan V. Camden Usa Inc., 126 Nev. Adv. Op. No. 30, Zachary Lowe
Summary Of Quinlan V. Camden Usa Inc., 126 Nev. Adv. Op. No. 30, Zachary Lowe
Nevada Supreme Court Summaries
Appeal from district court’s award of attorney fees and costs in favor of Camden pursuant to a rejected offer of judgment on behalf of Quinlan. The Court decided whether Nevada would adopt an implied consent to service by facsimile for an offer of judgment under NRS 17.115 and NRCP 68.M
Summary Of Polk V. Nevada, 126 Nev. Adv. Op. No. 19, John L. Ward
Summary Of Polk V. Nevada, 126 Nev. Adv. Op. No. 19, John L. Ward
Nevada Supreme Court Summaries
No abstract provided.
Summary Of In Re Sandoval, 126 Nev. Adv. Op. No. 15, Amy Kominsky
Summary Of In Re Sandoval, 126 Nev. Adv. Op. No. 15, Amy Kominsky
Nevada Supreme Court Summaries
This case is a certified question that originates from the United States Bankruptcy Court for the District of Nevada to determine whether a default judgment entered for failure to respond to a valid complaint has issue preclusive effects.
Summary Of Foster V. Dingwall, 126 Nev. Adv. Op. No. 5, Anthony R. Sassi
Summary Of Foster V. Dingwall, 126 Nev. Adv. Op. No. 5, Anthony R. Sassi
Nevada Supreme Court Summaries
The Court clarifies and explains the procedure announced in Huneycutt v. Huneycutt 2 for seeking a remand to the district court to alter, vacate, or otherwise modify or change a district court order or judgment after an appeal to the Supreme Court has been perfected. Additionally, the Court explains that the perfection of the appeal does not toll the six-month period for seeking NRCP 60(b)(2) relief.
Summary Of Dictor V. Creative Mgmt. Servs., Llc, 126 Nev. Adv. Op. No. 4, Tenesa S. Scaturro
Summary Of Dictor V. Creative Mgmt. Servs., Llc, 126 Nev. Adv. Op. No. 4, Tenesa S. Scaturro
Nevada Supreme Court Summaries
Appeal of district court order granting summary judgment.
Summary Of Great Basin Water Network V. State Eng’R, 126 Nev. Adv. Op. No. 2, Jason Vanmeetren
Summary Of Great Basin Water Network V. State Eng’R, 126 Nev. Adv. Op. No. 2, Jason Vanmeetren
Nevada Supreme Court Summaries
A 2003 amendment to section 533.3702 of the Nevada Revised Statutes, empowering the State Engineer to postpone taking action on water appropriation applications “[for] municipal use,” applies retroactively to applications filed within one year of the 2003 amendment and does not apply to applications filed more than one year prior the amendment.
The Procedural Foundation Of Substantive Law, Thomas O. Main
The Procedural Foundation Of Substantive Law, Thomas O. Main
Scholarly Works
The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law is inherently substantive. This article argues that substantive law is also inherently procedural. I suggest that the construction of substantive law entails assumptions about the procedures that will apply when that substantive law is ultimately enforced. Those procedures are embedded in the substantive law and, if not applied, will lead to over- or under-enforcement of the substantive mandate. Yet the substance-procedure dichotomy encourages us to treat procedural systems as essentially fungible-leading to a problem of mismatches between substantive law and unanticipated procedures. I locate this argument about …
Facilitating Wage Theft: How Court Use Procedural Rules To Undermine Substantive Rights Of Low-Wage Workers, Nantiya Ruan
Facilitating Wage Theft: How Court Use Procedural Rules To Undermine Substantive Rights Of Low-Wage Workers, Nantiya Ruan
Scholarly Works
In race and sex discrimination class actions, if a defendant employer makes a Rule 68 offer of judgment to the named plaintiffs, courts routinely refuse to dismiss the class claims. In stark contrast, in collective actions for failure to pay lawful wages, if a defendant employer makes a Rule 68 offer of judgment, courts will often dismiss the entire collective action as having been mooted by the named plaintiffs’ recovery. The outcome of such a dichotomy is that low-wage workers are increasingly unable to challenge unlawful wage violations successfully because the aggregation mechanism is too easily defeated. Without an ability …
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 …