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Articles 1 - 17 of 17
Full-Text Articles in Law
Capanna, M.D. V. Orth, 134 Nev. Adv. Op. 108 (Dec. 27, 2018) (En Banc), Pengxiang Tian
Capanna, M.D. V. Orth, 134 Nev. Adv. Op. 108 (Dec. 27, 2018) (En Banc), Pengxiang Tian
Nevada Supreme Court Summaries
The Court determined that Orth’s counsel violated the golden rule arguments, but opposing party’s substantial rights were not violated. Moreover, the district court’s ruling regarding plaintiff expert’s potential biases did not impose severe limitations on Capanna’s ability to fully cross-examine plaintiff’s expert. Further, the district court did not abuse its discretion when it allowed Orth to supplement expert witness list and the award of attorney fees and costs was within the discretion of the district court. Lastly, Orth lacks standing in challenging the district court’s decision.
Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen
Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen
Nevada Supreme Court Summaries
No abstract provided.
Mcgowen V. Second Jud. Dist. Ct., 134 Nev. Adv. Op. 89 (Nov. 21, 2018) (En Banc), Darcy Bower
Mcgowen V. Second Jud. Dist. Ct., 134 Nev. Adv. Op. 89 (Nov. 21, 2018) (En Banc), Darcy Bower
Nevada Supreme Court Summaries
The Court determined that Nevada caselaw and NRCP 4(c) give conflicting opinions on whether an attorney or their employee can serve someone for their client. Moreover, the Court clarified that the purpose of the 2004 amendment to NRCP 4(c) was to mirror FRCP 4(c)(2) to interpret the exclusion of counsel as a “party.”
Pub. Emps.’ Ret. Sys. Of Nev., A Pub. Agency V. Nev. Pol’Y Res. Inst. Inc., 134 Nev. Adv. Op. 81 (Oct. 18, 2018) (En Banc), Daniel Brady
Pub. Emps.’ Ret. Sys. Of Nev., A Pub. Agency V. Nev. Pol’Y Res. Inst. Inc., 134 Nev. Adv. Op. 81 (Oct. 18, 2018) (En Banc), Daniel Brady
Nevada Supreme Court Summaries
The Court determined that the Nevada Public Records Act requires the government agency to disclose the requested information if: (1) it can be found by searching a database for existing information, (2) it is readily accessible and not confidential, and (3) the alleged risks of disclosure do not outweigh the benefits of the public’s interest in the records.
Rodriguez V. Fiesta Palms Llc, 134 Nev. Adv. Op. 78 (Oct. 4, 2018), Khaylia Decaires
Rodriguez V. Fiesta Palms Llc, 134 Nev. Adv. Op. 78 (Oct. 4, 2018), Khaylia Decaires
Nevada Supreme Court Summaries
The Court determined that relief under NRCP 60(b)(1) is appropriate when litigants: (1) promptly apply to remove judgement, (2) not intend to delay proceedings, (3) lack knowledge of procedural requirements; and (4) act in good faith. Further, the Court concluded that a district court must consider the relevant facts, including the difficulties faced by pro se litigants, when determining to grant or deny NRCP 60(b)(1) relief.
Baiguen V. Harrah’S Las Vegas, Llc, 134 Nev., Adv. Op. 71 (Sept. 13, 2018) (En Banc), Scott Whitworth
Baiguen V. Harrah’S Las Vegas, Llc, 134 Nev., Adv. Op. 71 (Sept. 13, 2018) (En Banc), Scott Whitworth
Nevada Supreme Court Summaries
The Court determined that (1) an employee’s injuries that originate before entering the workplace but are aggravated due to an employer’s failure to provide timely medical assistance arise out of and in the course of employment; and (2) that employees’ recovery against their employers for such injuries are confined to the exclusive remedies for workers’ compensation under the Nevada Industrial Insurance Act (NIIA).
Nev. Recycling & Salvage V. Reno Disposal, 134 Nev. Adv. Op. 55 (Aug. 2, 2018) (En Banc), Carmen Gilbert
Nev. Recycling & Salvage V. Reno Disposal, 134 Nev. Adv. Op. 55 (Aug. 2, 2018) (En Banc), Carmen Gilbert
Nevada Supreme Court Summaries
The Court affirmed the district court’s grant of summary judgment in favor of respondents, holding that appellants lacked standing to bring an antitrust claim because they were unable to show that they suffered any injuries.
Coles (Brent) V. Bisbee, 134 Nev. Adv. Op. No. 62. (Aug. 2, 2018), Tamara Cannella
Coles (Brent) V. Bisbee, 134 Nev. Adv. Op. No. 62. (Aug. 2, 2018), Tamara Cannella
Nevada Supreme Court Summaries
The Court held that the use of the Static-99R assessment conforms with the assessment requirements under NRS 213.1214. It additionally determined that modifications to parole procedures do not constitute an ex post facto violation unless the changes create a significant risk of prolonging an inmate’s incarceration.
West Sunset 2050 Trust V. Nationstar Mortgage, L.L.C., 134 Nev. Adv. Op. 47 (Jun. 28, 2018), Shaneka J. Malloyd
West Sunset 2050 Trust V. Nationstar Mortgage, L.L.C., 134 Nev. Adv. Op. 47 (Jun. 28, 2018), Shaneka J. Malloyd
Nevada Supreme Court Summaries
The Court found that a foreclosure sale is not invalid due to lack of notice where: (1) a homeowners association (HOA) fails to serve the Notice of Default (NOD) to the recorded beneficiary of the deed of trust and (2) that recorded beneficiary’s successor in interest is unable to demonstrate how it was prejudiced or injured by the defective notice to their predecessor in interest. Further, a HOA does not lose standing to foreclose on a property when it enters into a factoring agreement that does not change the relationship between debtor and lender.
Comm’N Of Ethics Of The State Of Nevada V. Hansen, 134 Nev. Adv. Op. 40 (May 31, 2018), Landon Littlefield
Comm’N Of Ethics Of The State Of Nevada V. Hansen, 134 Nev. Adv. Op. 40 (May 31, 2018), Landon Littlefield
Nevada Supreme Court Summaries
The Nevada Supreme Court dismissed an appeal from a district court order granting a petition for judicial review because without authorization from the client the notice of appeal was void.
Dolores V. State, Dep’T Of Employment Sec. Div., 134 Nev. 34 (May 3, 2018), Xheni Ristani
Dolores V. State, Dep’T Of Employment Sec. Div., 134 Nev. 34 (May 3, 2018), Xheni Ristani
Nevada Supreme Court Summaries
The Court considered whether, pursuant to NRS 612.380, an employee that resigns when faced with a resign-or-be-fired option does so voluntarily, and is thereby disqualified from unemployment benefits. The Court determined that where the record shows that the appellant’s decision to resign was freely given and stemming from his own choice, the resignation is voluntary.
Las Vegas Dev. Grp., Llc V. Blaha, 134 Nev. Adv. Op. 22 (May 3, 2018), Emily Meibert
Las Vegas Dev. Grp., Llc V. Blaha, 134 Nev. Adv. Op. 22 (May 3, 2018), Emily Meibert
Nevada Supreme Court Summaries
The Court considers whether the time limitations of NRS 107.080(5)-(6) bars an action challenging an NRS Chapter 107 nonjudicial foreclosure where it is alleged that the deed of trust had been extinguished before the sale. This action challenges the authority to conduct the sale rather than the manner; thus, limitations do not apply.
Clark Cty. Office Of The Coroner/Med. Exam'r V. Las Vegas Review-Journal, 134 Nev. Adv. Op. No. 24. (April 12, 2018) (En Banc), Tamara Cannella
Clark Cty. Office Of The Coroner/Med. Exam'r V. Las Vegas Review-Journal, 134 Nev. Adv. Op. No. 24. (April 12, 2018) (En Banc), Tamara Cannella
Nevada Supreme Court Summaries
Under NRCP 62(d) and NRCP 62(e), state and local government appellants are generally entitled to a stay of a money judgment pending appeal, without needing to post a supersedeas bond or other security as a matter of right.
Kirsch V. Traber, 134 Nev. Adv. Op. 22 (Apr. 5, 2018), Landon Littlefield
Kirsch V. Traber, 134 Nev. Adv. Op. 22 (Apr. 5, 2018), Landon Littlefield
Nevada Supreme Court Summaries
The Nevada Supreme Court, applying the Restatement (Second) of Judgments definition of “final judgment,” held that it was proper for the district court to accord preclusive effect to a subsequent final judgment from a foreign court.
Comstock Residents Ass’N V. Lyon Cty. Bd. Of Comm’Rs, 134 Nev. Adv. Op. 19 (Mar. 29, 2018), Steven Kish
Comstock Residents Ass’N V. Lyon Cty. Bd. Of Comm’Rs, 134 Nev. Adv. Op. 19 (Mar. 29, 2018), Steven Kish
Nevada Supreme Court Summaries
The Court held that privately-maintained public records are within the scope of the Nevada Public Records Act (“NPRA”). Accordingly, the district court’s denial of the Comstock Residents Association’s (“CRA”) petition for a writ of mandamus was erroneous.
Dezzani V. Kern & Assocs. Ltd., 134 Nev. Adv. Op. 9 (Mar. 1, 2018), Ronald Evans
Dezzani V. Kern & Assocs. Ltd., 134 Nev. Adv. Op. 9 (Mar. 1, 2018), Ronald Evans
Nevada Supreme Court Summaries
The Court determined that attorneys do not qualify as agents for the purposes of retaliatory action under NRS 116.31183 where the attorney is providing legal service for a homeowners’ association. The Court further held that an attorney litigating pro se or representing his or her law firm may not collect attorney fees but may collect attorney costs.
Toward Universal Deportation Defense: An Optimistic View, Michael Kagan
Toward Universal Deportation Defense: An Optimistic View, Michael Kagan
Scholarly Works
One of the most positive responses to heightened federal enforcement of immigration laws has been increasing local and philanthropic interest in supporting immigrant legal defense. These measures are tentative and may be fleeting, and for the time being are not a substitute for federal support for an immigration public defender system. Nevertheless, it is now possible to envision many more immigrants in deportation having access to counsel, maybe even a situation in which the majority do. In this paper, Professor Michael Kagan makes no real predictions. Instead, he offers a deliberately-perhaps even blindly optimistic assessment of how concrete steps that …