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2013

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University of Nevada, Las Vegas -- William S. Boyd School of Law

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Articles 1 - 30 of 197

Full-Text Articles in Law

Summary Of In Re Nilsson, 129 Nev. Adv. Op. 101, Keivan Roebuck Dec 2013

Summary Of In Re Nilsson, 129 Nev. Adv. Op. 101, Keivan Roebuck

Nevada Supreme Court Summaries

The Court determined whether a debtor may claim Nevada’s homestead exemption when he does not reside on the property but his minor children do.


Summary Of Dogra V. Liles, 129 Nev. Adv. Op. 100, Jeff Scarborough Dec 2013

Summary Of Dogra V. Liles, 129 Nev. Adv. Op. 100, Jeff Scarborough

Nevada Supreme Court Summaries

The Court determined three issues: (1) whether a nonresident defendant is subject to personal jurisdiction in Nevada when the sole basis asserted is her adult child’s unilateral act of driving the defendant’s vehicle in Nevada; (2) whether a defendant’s filing of a motion to consolidate in a Nevada court waived her right to object to the court’s exercise of personal jurisdiction over her; and (3) whether an interpleader action filed by a defendant’s car insurance company subjects its insured to personal jurisdiction in Nevada.


Summary Of State V. Kincade, 129 Nev. Adv. Op. 102, Shaina Plaksin Dec 2013

Summary Of State V. Kincade, 129 Nev. Adv. Op. 102, Shaina Plaksin

Nevada Supreme Court Summaries

The Court determined whether the district court properly excluded evidence seized pursuant to a search warrant that did not comply with NRS 179.045(5) because it failed to include either a statement of probable cause or the affidavit upon which probable cause was based.


Summary Of Taylor V. Nev. Dept. Of Health And Human Servs., 129 Nev. Adv. Op. 99, Whitney E. Short Dec 2013

Summary Of Taylor V. Nev. Dept. Of Health And Human Servs., 129 Nev. Adv. Op. 99, Whitney E. Short

Nevada Supreme Court Summaries

The Court determined one issue: whether it is within a hearing officer’s duty to determine the appropriate level of discipline and impose that determination.


Summary Of Lytle V. Rosemere Estate Prop. Owners, 129 Nev. Adv. Op. 98, Allison Vitangeli Dec 2013

Summary Of Lytle V. Rosemere Estate Prop. Owners, 129 Nev. Adv. Op. 98, Allison Vitangeli

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether an NRCP 59(e) motion to alter or amend may be properly directed at a post-judgment order or whether that rule is limited to final judgments; and (2) whether NRAP 4(a)(4) tolling applied to the appellants’ NRCP 59(e) motion.


Summary Of In Re Aboud Inter Vivos Trust, 129 Nev. Adv. Op. 97, Emily Anderson Dec 2013

Summary Of In Re Aboud Inter Vivos Trust, 129 Nev. Adv. Op. 97, Emily Anderson

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether NRS 164.010(1) and NRS 164.015(6) give the court in rem jurisdiction to impose a constructive trust on previous trust property; and (2) whether a district court may grant a monetary judgment against former trustees and third parties that was based on the district court’s in rem jurisdiction.


Forced Arbitration Undermines Enforcement Of Federal Laws By Suppressing Consumers' And Employees' Ability To Bring Claims, Jean R. Sternlight Dec 2013

Forced Arbitration Undermines Enforcement Of Federal Laws By Suppressing Consumers' And Employees' Ability To Bring Claims, Jean R. Sternlight

Congressional Testimony

Testimony of Professor Jean R. Sternlight to the Senate Judiciary Committee, arguing for the passage of the Arbitration Fairness Act of 2013.


Boyd Briefs - Dec. 13, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Dec 2013

Boyd Briefs - Dec. 13, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Summary Of County Of Clark V. Lb Properties, Inc., 129 Nev. Adv. Op. 96, Lee Gorlin Dec 2013

Summary Of County Of Clark V. Lb Properties, Inc., 129 Nev. Adv. Op. 96, Lee Gorlin

Nevada Supreme Court Summaries

The Court determined whether a regulation promulgated by the Nevada Tax Commission to value remainder parcels of real property for tax abatement purposes applies retroactively, and if so, whether it violates Article 10, Section 1 of the Nevada Constitution.


Boyd Briefs - Dec. 5, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Dec 2013

Boyd Briefs - Dec. 5, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Summary Of Clancy V. State, 129 Nev. Adv. Op. 89, Jim Hoffman Nov 2013

Summary Of Clancy V. State, 129 Nev. Adv. Op. 89, Jim Hoffman

Nevada Supreme Court Summaries

A three-judge panel of the Court considered three questions: (1) whether NRS 484E.010-030 require actual knowledge that an accident has occurred, or whether constructive knowledge is sufficient; (2) whether the definition of “involved in an accident” in the same statute is unconstitutionally vague or ambiguous; and (3) whether the evidence in this case was sufficient to support the guilty verdict handed down in the lower court.


Summary Of Carrigan V. Nevada Comm’N On Ethics, 129 Nev. Adv. Op. 95, Edward Wynder Nov 2013

Summary Of Carrigan V. Nevada Comm’N On Ethics, 129 Nev. Adv. Op. 95, Edward Wynder

Nevada Supreme Court Summaries

Upon remand from the U.S. Supreme Court, the Supreme Court of Nevada reviewed de novo two issues regarding the Nevada Commission on Ethic’s censure of a city councilmember: (1) whether a recusal provision in the Nevada Ethics in Government Act (NRS 281A.420 ) was void for vagueness and (2) whether it violated public officers’ constitutional right to associate .


Summary Of Aspen Financial Services, Inc. V. Eighth Jud. Dist. Ct., 129 Nev. Ad. Op. 93, Casey J. Stiteler Nov 2013

Summary Of Aspen Financial Services, Inc. V. Eighth Jud. Dist. Ct., 129 Nev. Ad. Op. 93, Casey J. Stiteler

Nevada Supreme Court Summaries

The question before the Court was whether the district court properly quashed a subpoena based on an assertion of protection under Nevada’s news shield statute, NRS 49.275. The court determined: (1) whether a request for protection under NRS 49.275 may be raised in a motion to quash without a supporting affidavit; (2) whether the requested information, which sought the identities of a reporter’s sources, was protected by Nevada’s news shield privilege; and (3) whether petitioners overcame the news shield privilege.


Summary Of In Re Estate Of Bethurem, 129 Nev. Adv. Op. 92, Erica C. Smit Nov 2013

Summary Of In Re Estate Of Bethurem, 129 Nev. Adv. Op. 92, Erica C. Smit

Nevada Supreme Court Summaries

The Court determined one issue: (1) whether, in the absence of a presumption of undue influence, a will contestant bears the burden of proving undue influence by a preponderance of the evidence.


Summary Of Perez V. State, 129 Nev. Adv. Op. 90, Collin Jayne Nov 2013

Summary Of Perez V. State, 129 Nev. Adv. Op. 90, Collin Jayne

Nevada Supreme Court Summaries

The Court determined the admissibility of expert testimony on “grooming behavior” by accused sexual offenders and the effect that this behavior has on child victims.


Summary Of Clay V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 91, Joseph Peacock Nov 2013

Summary Of Clay V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 91, Joseph Peacock

Nevada Supreme Court Summaries

The Court determined one issue: whether NRS 62H.170(2)(c) or NRS 62H.170(3) permits the State to inspect a defendant’s sealed juvenile record to obtain information for use against that defendant in a subsequent criminal prosecution.


Summary Of Watters V. State, 129 Nev. Adv. Op. 94, Brian Vasek Nov 2013

Summary Of Watters V. State, 129 Nev. Adv. Op. 94, Brian Vasek

Nevada Supreme Court Summaries

The Court determined whether the prosecution’s use of a PowerPoint slide during opening statement with the defendant’s booking photo and the word “guilty” superimposed across the photo was improper advocacy and undermined the defendant’s presumption of innocence.


Boyd Briefs - Nov. 21, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Nov 2013

Boyd Briefs - Nov. 21, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Boyd Briefs - Nov. 15, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Nov 2013

Boyd Briefs - Nov. 15, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Summary Of Pub. Emps.’ Ret. Sys. Of Nev. V. Reno Newspapers, Inc., 129 Nev. Adv. Op. 88, Ryan Becklean Nov 2013

Summary Of Pub. Emps.’ Ret. Sys. Of Nev. V. Reno Newspapers, Inc., 129 Nev. Adv. Op. 88, Ryan Becklean

Nevada Supreme Court Summaries

The Court determined whether the confidentiality set forth in NRS 286.110(3) applies to individual files of retired employees maintained by the Public Employees’ Retirement System of Nevada (“PERS”).


Summary Of Sandpointe Apts. V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 87, Danielle Barraza Nov 2013

Summary Of Sandpointe Apts. V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 87, Danielle Barraza

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether NRS 40.459(1)(c) is a new statute that impacts vested rights; and (2) whether, pursuant to the language in Assembly Bill 273 (“A.B. 273”) regarding the effective date of NRS 40.459(1)(c), the statute may apply retroactively.


Boyd Briefs - Nov. 8, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Nov 2013

Boyd Briefs - Nov. 8, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Summary Of Lvmpd V. Yeghiazarian, 129 Nev. Adv. Op. 81, Kelsey Bernstein Nov 2013

Summary Of Lvmpd V. Yeghiazarian, 129 Nev. Adv. Op. 81, Kelsey Bernstein

Nevada Supreme Court Summaries

The Court decided four issues: (1) Whether a deceased’s blood alcohol content (BAC) may be submitted to show his comparative negligence in a wrongful death action; (2) whether a district court abuses its discretion by allowing an expert to testify based on an allegedly unreliable report; (3) whether a jury’s damages award should be reduced based on comparative negligence before or after imposing a statutory damage cap; and (4) whether awards for attorney fees may include charges for nonattorney staff.


Summary Of Brooksby V. Nev. State Bank, 129 Nev. Adv. Op. 82, Michael Bowman Nov 2013

Summary Of Brooksby V. Nev. State Bank, 129 Nev. Adv. Op. 82, Michael Bowman

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether a judgment creditor may garnish a nondebtor’s funds in bank accounts held jointly with a judgment debtor; and (2) whether NRS 31.070 imposes an absolute deadline for making a third-party claim, thereby precluding the district court from having jurisdiction.


Summary Of Humphries V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 85, Sean Daly Nov 2013

Summary Of Humphries V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 85, Sean Daly

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether relief through a writ of mandamus was appropriate for the petitioners, Humphries and Rocha, and (2) whether Ferrell, a non-party cotortfeasor, was a necessary party under NRCP 19(a).


Summary Of State, Dep't Of Taxation V. Masco Builder, 127 Nev. Adv. Op. 66, Rami Hernandez Nov 2013

Summary Of State, Dep't Of Taxation V. Masco Builder, 127 Nev. Adv. Op. 66, Rami Hernandez

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether a taxpayer may seek interest on an overpayment of taxes under NRS § 360.2937 after initially failing to affirmatively request such interest; and (2) whether the Department of Taxation may withhold interest on tax refunds while determining whether a taxpayer’s overpayment was intentional or careless.


Summary Of Elizondo V. Hood Mach., Inc., 129 Nev. Adv. Op. 84, Jennifer Cutshall Nov 2013

Summary Of Elizondo V. Hood Mach., Inc., 129 Nev. Adv. Op. 84, Jennifer Cutshall

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether an appeals officer’s conclusory order in a workers’ compensation matter failed to meet the statutory requirements of NRS 233B.125; and (2) whether the doctrines of claim and issue preclusion apply to require dismissal of a fourth request to reopen an industrial injury claim under NRS 616C.390.


Summary Of Otak Nev., Llc V. Eighth Jud. Dist. Ct., 127 Nev. Adv. Op. No. 53, Jason Wallace Nov 2013

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

Nevada Supreme Court Summaries

The Court was presented with two questions: “(1) If a defendant settles in good faith does NRS 17.245(1)(b) bar "de facto" claims for contribution and/or equitable indemnity?; and (2) Are the contractor's third-party claims in this matter considered "de facto" contribution and/or equitable indemnity claims that may be barred under NRS 17.245(1)(b)?”


Global Patents: Limits Of Transnational Enforcement, Marketa Trimble Nov 2013

Global Patents: Limits Of Transnational Enforcement, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble presented these materials at the University of Macerata on November 6, 2013. The presentation discussed the increase in transnational patent litigation and what governments must do to protect patent owners in a globalized economy.


Boyd Briefs - Nov. 1, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Nov 2013

Boyd Briefs - Nov. 1, 2013, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.