Law Commons^™

Summary Of In Re Fontainebleau Las Vegas Holdings, 128 Nev. Adv. Op. 53, David H. Rigdon

Nevada Supreme Court Summaries

The Court considered a motion to strike an appendix from the record in a pending certification case from the United States Bankruptcy Court.

Summary Of Sicor, Inc. V. Sacks, 127 Nev. Adv. Op. 81, Richard A. Andrews

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order denying without prejudice and deferring a final ruling on a motion to change venue in a tort action.

Summary Of Sicor, Inc. V. Hutchinson, 127 Nev. Adv. Op. No. 82, Joseph Bowen

Nevada Supreme Court Summaries

An appeal of a district court order denying a motion for a change of venue in a tort action.

Antitrust's "Jurisdictional" Reach Abroad, Herbert J. Hovenkamp

All Faculty Scholarship

In its Arbaugh decision the Supreme Court insisted that a federal statute’s limitation on reach be regarded as “jurisdictional” only if the legislature was clear that this is what it had in mind. The Foreign Trade Antitrust Improvement Act (FTAIA) presents a puzzle in this regard, because Congress seems to have been quite clear about what it had in mind; it simply failed to use the correct set of buzzwords in the statute itself, and well before Arbaugh assessed this requirement.

Even if the FTAIA is to be regarded as non-jurisdictional, the constitutional extraterritorial reach of the Sherman Act is …

Summary Of Choy V. Ameristar Casinos, Inc., 128 Nev. Adv. Op. 29, Rami Hernandez

Nevada Supreme Court Summaries

The Court considers an appeal from a district court summary judgment in a tort action.

Transnational Class Actions And The Illusory Search For Res Judicata, Tanya Monestier

Law Faculty Scholarship

The transnational class action-a class action in which a portion of the class consists of non-US claimants-is here to stay Defendants typically resist the certification of transnational class actions on the basis that such actions provide no assurance of finality for a defendant, as it will always be possible for a non-U.S. class member to initiate subsequent proceedings in a foreign court. In response to this concern, many U.S. courts will analyze whether the "home" courts of the foreign class members would accord res judicata effect to an eventual U.S. judgment prior to certifying a U.S. class action containing foreign …

Rethinking Extraordinary Circumstances, Scott Dodson

Faculty Publications

This short essay for Northwestern University Law Review's Colloquy seeks to rationalize the "extraordinary circumstances" doctrine of Rue 60(b)(6) of the Federal Rules of Civil Procedure. The usual rule is that a movant for Rule 60(b)(6) relief must show extraordinary circumstances for that relief. Under the Ackermann rule (so named after the Supreme Court decision that spawned it), courts have held that any extraordinary circumstances cannot have been caused by the movant's own litigation conduct. I argue that the Ackermann rule, at its broadest, would be unjust to those litigants most in need of Rule 60(b)(6) relief and would overserve …

Summary Of Emerson V. Dist. Ct., 127 Nev. Adv. Op. 61, Kendra Kisling

Nevada Supreme Court Summaries

An original petition for a writ of mandamus or prohibition challenging a district court order imposing sanctions on the petitioner, an attorney.

Summary Of Francis V. Wynn Las Vegas, Llc, Nev. Adv. Op. No. 60, Amanda Ireland

Nevada Supreme Court Summaries

An appeal from a district court summary judgment in a contract action.

The Judicial Power And The Inferior Federal Courts: Exploring The Constitutional Vesting Thesis, A. Benjamin Spencer

Faculty Publications

Although the Constitution vests the "Judicial Power" of the United States in the Supreme Court and in any inferior courts that Congress establishes, both Congress and the Court have long propounded the traditional view that the inferior courts may be deprived cognizance of some of the cases and controversies that fall within that power. Is this view fully consonant with the history and text of Article III? One possible reading of those sources suggests that the Constitution vests the full Judicial Power of the United States in the inferior federal courts, directly extending to them jurisdiction over matters that Congress …

Pre-Service Removal In The Forum Defendant's Arsenal, Saurabh Vishnubhakat

Faculty Scholarship

This article is the first academic defense of pre-service removal in diversity cases by forum-state defendants under the “properly joined and served” language of 28 U.S.C. § 1441(b). Pre-service removal has proliferated nationally in recent years. Appellate courts, however, have been silent on the issue for two reasons: First, orders that remand a case to state court are statutorily non-reviewable on appeal. Second, cases retained in federal court and litigated to final judgment are highly unlikely, for reasons of judicial economy, to be voided for de novo readjudication in state court. After tracing the development of the removal statute and …

Summary Of Daane V. Dist. Ct., 127 Nev. Adv. Op. 59, Michelle Newman

Nevada Supreme Court Summaries

A writ of prohibition precluding further proceedings by Nevada’s Foreclosure Mediation Program was denied because the petitioner had an adequate remedy in the ordinary course of law.

Limits Of Enforcement Of Intellectual Property Rights -- Injunctive Relief, Equity, And Misuse Of Rights, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble presented these materials at the 33rd Meeting of the German Society for Comparative Law (Gesellschaft für Rechtsvergleichung) in Trier, Germany, on September 16, 2011.

Summary Of Otak Nevada, Llc V. Dist. Ct., 127 Nev. Adv. Op. No. 53, Jason Wallace

Nevada Supreme Court Summaries

Petition for writ of mandamus challenging the Eighth Judicial District Court’s orders that pleadings alleging nonresidential construction malpractice, initially filed without attorney affidavits and expert reports, were valid under NRS 11.258.

13th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2011, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Summary Of Hawkins V. State, 127 Nev. Adv. Op. No. 50, Christopher Scott Connell

Nevada Supreme Court Summaries

Appeal from a District Court judgment of conviction, by way of a jury verdict, of conspiracy to violate the Uniform Controlled Substances Act.

Summary Of Lvmpd V. Coregis Insurance Co., 127 Nev. Adv. Op. No. 47, Charles Gianelloni

Nevada Supreme Court Summaries

Consolidated appeals from a district court summary judgment in an insurance action and from a post-judgment order denying an NRCP 60(b) motion.

Summary Of Roethlisberger V. Mcnulty, 127 Nev. Adv. Op. No. 48, Michael Roche

Nevada Supreme Court Summaries

Appeal from a district court order denying a motion for a change of venue in a tort action.

Civil Procedure’S Five Big Ideas, Kevin M. Clermont

Cornell Law Faculty Working Papers

Civil procedure, more than any other of the basic law-school courses, conveys to students an understanding of the whole legal system. I propose that this purpose should become more openly the organizing theme of the course. The focus should remain, of course, on the mechanics of the judicial branch. What I am championing is giving some conscious attention, albeit mainly in the background and at an introductory level, to the big ideas of the constitutional structure within which the law formulates civil procedure. Such attention would unify the doctrinal study, while enriching it for the students and revealing its true …

Summary Of Pasillas V. Hsbc Bank Usa, Et. Al., 127 Nev. Adv. Op. No. 39, Meredith Still

Nevada Supreme Court Summaries

An appeal from a district court order denying a petition for judicial review arising in a foreclosure mediation action.

Summary Of Costello V. Casler, 127 Nev. Adv. Op. No. 36, Danielle Woodrum

Nevada Supreme Court Summaries

An appeal from a district court summary judgment in a tort action where the defendant was deceased prior to the filing of the complaint and the statute of limitations had run before the decedent’s estate could be added to the complaint.

The Repressible Myth Of Shady Grove, Kevin M. Clermont

Cornell Law Faculty Publications

This Article untangles the effects of the Supreme Court's latest word on the Erie doctrine, by taking the vantage point of a lower court trying to uncover the logical implications of the Court's new pronouncement. First, Shady Grove lightly confirms the limited role of constitutional constraints. Second, it sheds only a little light on judicial choice-of-law methodology. Third, by contrast, it does considerably clarify the conflict between Federal Rules and state law: if a Rule regulates procedure, then it is valid and applicable without exception in all federal cases, to the extent of its coverage; in determining the Rule's coverage, …

Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker

Akron Law Faculty Publications

Trafficking in stolen art and looted antiquities is a multi-billion dollar enterprise. Stolen art and looted antiquities are ultimately sold to museums or private collectors. Sometimes the purchasers acquire them in good faith. But other times, the purchasers know, suspect, or willfully blind themselves to the possibility that the piece was stolen or illegally excavated and exported up the chain of title.

This problem is compounded by customs and course of dealing in the art and antiquities trade. Dealers generally decline to provide meaningful information to prospective purchasers about the provenance of a piece, and sophisticated purchasers customarily acquiesce in …

Live Hearings And Paper Trials, Emily Spottswood

Scholarly Publications

This Article explores a constantly recurring procedural question: When is fact-finding improved by a live hearing or trial, and when would it be better to rely on a written record? Unfortunately, when judges, lawyers, and rulemakers consider this issue, they are led astray by the widely shared—but false—assumption that a judge can best determine issues of credibility by viewing the demeanor of witnesses while they are testifying. In fact, a large body of scientific evidence indicates that judges are more likely to be deceived by lying or mistaken witnesses when observing live testimony than if the judges were to review …

Contract And Procedure, Peter B. Rutledge, Christopher R, Drahozal

Scholarly Works

This paper examines both the theoretical underpinnings and empirical picture of procedural contracts. Procedural contracts may be understood as contracts in which parties regulate not merely their commercial relations but also the procedures by which disputes over those relations will be resolved. Those procedural contracts regulate not simply the forum in which disputes will be resolved (arbitration vs litigation) but also the applicable procedural framework (discovery, class action waivers, remedies limitations, etc.). At a theoretical level, this paper explores both the limits on parties' ability to regulate procedure by contract (at issue in the Supreme Court's recent Rent-A-Center decision) and …

Summary Of Arguello V. Sunset Station, Inc., 127 Nev. Adv. Op. No. 29, Charles Gianelloni

Nevada Supreme Court Summaries

Appeal from a district court summary judgment in a tort action.

Summary Of Lund V. Dist. Ct., 127 Nev. Adv. Op. No. 28, Ryan Johnson

Nevada Supreme Court Summaries

A petition for a writ of mandamus directing the district court to vacate its order dismissing petitioner’s counterclaims that added new parties to the action and to reinstate those counterclaims.

Asymmetrical Jurisdiction, Matthew I. Hall

Scholarly Works

Most people — and most lawyers — would assume that the U.S. Supreme Court has jurisdiction to review any determination of federal law by an inferior court, whether state or federal. And there was a time when it was so. But the Court’s recent justiciability decisions have created a perplexing jurisdictional gap — a set of cases in which state court determinations of federal law are immune from the Supreme Court’s appellate jurisdiction. The Court has thus surrendered a portion of its supremacy and thereby undermined the policies that underlie its appellate jurisdiction.

In an effort to address this problem, …

The Limits Of Procedural Private Ordering, Jaime L. Dodge

Scholarly Works

Civil procedure is traditionally conceived of as a body of publicly-set rules, with limited carve-outs – most commonly, forum selection and choice of law provisions. I argue that these terms are mere instantiations of a broader, unified phenomenon of procedural private ordering, in which civil procedure is no longer irrevocably defined by law, but instead is a mere default that can be waived or modified by contract. Parties are no longer merely selecting between publicly-created procedural regimes but customizing the rules of procedure to be applied by the court – from statutes of limitations, discovery obligations and the admissibility of …

Summary Of Sparks V. Alpha Tau Omega, 127 Nev. Adv. Op. No. 23, Cristen Thayer

Nevada Supreme Court Summaries

Appeal from two district court orders granting summary judgment in favor of multiple defendants in a tort action.