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Benko V. Quality Loan Serv. Corp. 135 Nev. Adv. Op. 64 (Dec. 26, 2019), Elizabeth Davenport
Benko V. Quality Loan Serv. Corp. 135 Nev. Adv. Op. 64 (Dec. 26, 2019), Elizabeth Davenport
Nevada Supreme Court Summaries
The Court affirmed the district court’s order granting the motion to dismiss and determined that deed of trust trustees engaged in nonjudicial foreclosure would not be required to be licensed. The Court settled the conflicting provisions of NRS 107 governing the nonjudicial foreclosure process and NRS 649 governing agencies engaged in debt collection in Nevada by determining the comprehensive and specific scheme of NRS 107 for deed of trust trustees exercised authority over the generalized nature of NRS 649 governing debt collecting agency licensing requirements for nonjudicial foreclosures.Therefore, under NRS 107 deed of trust trustees are not required to be …
Functionality Or Formalism? Partners And Shareholders As "Employees" Under The Anti-Discrimination Laws, Ann C. Mcginley
Functionality Or Formalism? Partners And Shareholders As "Employees" Under The Anti-Discrimination Laws, Ann C. Mcginley
Scholarly Works
In Clackamas Gastroenterology Associates P.C. v. Wells, the United States Supreme Court established the standards for determining whether a shareholder in a professional corporation ("PC") is an "employee" as defined by Title I of the Americans with Disabilities Act of 1990 ("ADA"). Characteristics the court saw as distinguishing partnerships are the profit sharing, contributions to capital, part ownership of partnership assets, and the right to share in management subject to agreement. Even if the partner's power is insufficient to avoid discrimination, courts should also consider whether the partner is more like an independent contractor in that he or she is …