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Summary Of Butwinick V. Hepner, 128 Nev. Adv. Op. 65, Robert Stewart Dec 2012

Summary Of Butwinick V. Hepner, 128 Nev. Adv. Op. 65, Robert Stewart

Nevada Supreme Court Summaries

The Court considered Respondents’ motion to substitute themselves as the real parties in interest after acquiring Appellants’ rights and interests in the underlying district court action at a judgment execution sale, and to dismiss Appellants’ appeal from a district court order.


Summary Of Beazer Homes Holding Corp. V. Dist. Ct., 128 Nev. Adv. Op. 66, Jamie Stilz-Outlaw Dec 2012

Summary Of Beazer Homes Holding Corp. V. Dist. Ct., 128 Nev. Adv. Op. 66, Jamie Stilz-Outlaw

Nevada Supreme Court Summaries

The Court considered the ability of a homeowners’ association (HOA) to litigate construction-defect claims on behalf of its members’ homes under NRS 116.3102(1)(d) without fulfilling NRCP 23 class action requirements.


Summary Of Casey V. Wells Fargo Bank, N.A., 128 Nev. Adv. Op. No. 64, Casey Seale Dec 2012

Summary Of Casey V. Wells Fargo Bank, N.A., 128 Nev. Adv. Op. No. 64, Casey Seale

Nevada Supreme Court Summaries

An appeal of a motion to confirm an arbitration award that the Court summarily granted without reviewing the arbitration record and without giving the nonmovant an opportunity to file an opposition to the motion.


Summary Of Aspen Financial Services Inc. V. Dist. Ct., 128 Nev. Adv. Op. 57, Oscar Peralta Dec 2012

Summary Of Aspen Financial Services Inc. V. Dist. Ct., 128 Nev. Adv. Op. 57, Oscar Peralta

Nevada Supreme Court Summaries

The Court considered a petition for a writ of prohibition or mandamus in response to a district court’s denial of a motion to stay certain testimonial discovery in a civil proceeding occurring simultaneously to a criminal investigation.


Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel Oct 2012

Forfeitures Revisited: Bringing Principle To Practice In Federal Court, David Pimentel

Nevada Law Journal

No abstract provided.


Summary Of Consipio Holding, Bv V. Carlberg, 128 Nev. Adv. Op. 43, Brandon C. Sendall Aug 2012

Summary Of Consipio Holding, Bv V. Carlberg, 128 Nev. Adv. Op. 43, Brandon C. Sendall

Nevada Supreme Court Summaries

The Court considered whether Nevada courts can exercise personal jurisdiction over nonresident officers and directors who directly harm a Nevada corporation.


Summary Of Bonnell V. Lawrence, 128 Nev. Adv. Op. No. 37, Richard A. Andrews Aug 2012

Summary Of Bonnell V. Lawrence, 128 Nev. Adv. Op. No. 37, Richard A. Andrews

Nevada Supreme Court Summaries

Appeal from a district court order dismissing an independent action to obtain relief from an otherwise unreviewable final judgment.


Summary Of Washoe County V. Otto, 128 Nev. Advanced Opinion No. 40, Emily Navasca Aug 2012

Summary Of Washoe County V. Otto, 128 Nev. Advanced Opinion No. 40, Emily Navasca

Nevada Supreme Court Summaries

The Court considered an appeal from a district court’s order dismissing a petition for judicial review of a State Board of Equalization tax decision pursuant to the Nevada Administrative Procedure Act (APA).


Summary Of Choy V. Ameristar Casinos, Inc., 127 Nev. Adv. Op. 78, Justin Shiroff Jun 2012

Summary Of Choy V. Ameristar Casinos, Inc., 127 Nev. Adv. Op. 78, Justin Shiroff

Nevada Supreme Court Summaries

A petition for an en banc reconsideration of a panel opinion affirming the district court’s summary judgment in a tort action.


Summary Of Ryan’S Express V. Amador Stage Lines, 128 Nev. Adv. Op. 27, Richard A. Andrews Jun 2012

Summary Of Ryan’S Express V. Amador Stage Lines, 128 Nev. Adv. Op. 27, Richard A. Andrews

Nevada Supreme Court Summaries

The Court considered a motion to disqualify a law firm from participating in the appeal of a failed settlement program.


Ashcroft V. Iqbal: Contempt For Rules, Statutes, The Constitution, And Elemental Fairness, Steve Subrin Jun 2012

Ashcroft V. Iqbal: Contempt For Rules, Statutes, The Constitution, And Elemental Fairness, Steve Subrin

Nevada Law Journal

No abstract provided.


Carnival Cruise Lines, Inc. V. Shute: The Titanic Of Worst Decisions, Linda S. Mullenix Jun 2012

Carnival Cruise Lines, Inc. V. Shute: The Titanic Of Worst Decisions, Linda S. Mullenix

Nevada Law Journal

No abstract provided.


Lassiter V. Department Of Social Services: Why Is It Such A Lousy Case?, Brooke D. Coleman Jun 2012

Lassiter V. Department Of Social Services: Why Is It Such A Lousy Case?, Brooke D. Coleman

Nevada Law Journal

No abstract provided.


Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel Jun 2012

Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Summary Of In Re Nevada State Engineer Ruling No. 5823, 129 Nev. Adv. Op. No 22, Alan R. Smith May 2012

Summary Of In Re Nevada State Engineer Ruling No. 5823, 129 Nev. Adv. Op. No 22, Alan R. Smith

Nevada Supreme Court Summaries

Appeal from a district court decision dismissing a petition for judicial review of the State Engineer’s ruling in a water rights action for lack of subject matter jurisdiction.


Summary Of Club Vista Financial Servs. V. Dist. Ct., 128 Nev. Adv. Op. No. 21, Cameron M. Daw May 2012

Summary Of Club Vista Financial Servs. V. Dist. Ct., 128 Nev. Adv. Op. No. 21, Cameron M. Daw

Nevada Supreme Court Summaries

The Court considered what circumstances are necessary to allow for the deposition of an opposing party’s former attorney during discovery. The Court balanced the competing interests of discovering vital information to a litigant’s case and the importance of the attorney-client privilege.


Summary Of Jones V. Suntrust Mortgage, Inc., 128 Nev. Adv. Op. 18, Rami Hernandez Apr 2012

Summary Of Jones V. Suntrust Mortgage, Inc., 128 Nev. Adv. Op. 18, Rami Hernandez

Nevada Supreme Court Summaries

An appeal from a district court order denying judicial review in a foreclosure mediation matter.


Summary Of Mountain View Hospital V. Dist. Ct., 128 Nev. Adv. Op. No. 17, Kendra Kisling Apr 2012

Summary Of Mountain View Hospital V. Dist. Ct., 128 Nev. Adv. Op. No. 17, Kendra Kisling

Nevada Supreme Court Summaries

The Court considered petitions for a writ of mandamus or prohibition challenging the district court’s denial of a motion to dismiss a medical malpractice action for the plaintiffs’ failure to comply with NRS 41A.071.


Summary Of Carstarphen V. Milsner, 128 Nev. Adv. Op. No. 5, Richard A. Andrews Mar 2012

Summary Of Carstarphen V. Milsner, 128 Nev. Adv. Op. No. 5, Richard A. Andrews

Nevada Supreme Court Summaries

Appeal from a district court order denying a motion for a preferential trial date in a corporation action.


The Word Commons And Foreign Laws, Thomas O. Main Jan 2012

The Word Commons And Foreign Laws, Thomas O. Main

Scholarly Works

Dual trends are colliding in U.S. courts. The first trend is a tidal wave of cases requiring courts to engage the domestic laws of foreign legal systems; globalization is the principal driver of this escalation. The second trend is a profound and ever-increasing skepticism of our ability to understand foreign law; the literature of pluralism and postmodernism has illuminated the uniquely local, language-dependent, and culturally embedded nature of law. Courts cope with this dissonance by finding some way to avoid the application of foreign law. But these outcomes are problematic because parties are denied access to court or have their …


Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel Jan 2012

Tending To Potted Plants: The Professional Identity Vacuum In Garcetti V. Ceballos, Jeffrey W. Stempel

Scholarly Works

No abstract provided.


The Second-Class Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan Jan 2012

The Second-Class Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan

Scholarly Works

Courts apply to wage rights cases an aggressive scrutiny that not only disadvantages low-wage workers, but is fundamentally incorrect on the law. Rule 23 class actions automatically cover all potential members if the court grants plaintiffs’ class certification motion. But for certain employment rights cases – mainly wage claims but also age discrimination and gender equal pay claims – 29 U.S.C. § 216(b) allows not class actions but “collective actions” covering just those opting in affirmatively. Courts in collective actions assume a gatekeeper role as they do in Rule 23 class action, disallowing many actions by requiring a certification motion …


Death Penalty Without A Hearing? How The Nevada Supreme Court's Decision In Bahena V. Goodyear Incorrectly Defines Discovery Sanctions And Denies Due Process To Civil Litigants, Jonathan J. Winn Jan 2012

Death Penalty Without A Hearing? How The Nevada Supreme Court's Decision In Bahena V. Goodyear Incorrectly Defines Discovery Sanctions And Denies Due Process To Civil Litigants, Jonathan J. Winn

Nevada Law Journal

No abstract provided.