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Articles 271 - 300 of 380
Full-Text Articles in Civil Procedure
Setting Foot On Enemy Ground: Cease-And-Desist Letters, Dmca Notifications And Personal Jurisdiction In Declaratory Judgment Actions, Marketa Trimble
Setting Foot On Enemy Ground: Cease-And-Desist Letters, Dmca Notifications And Personal Jurisdiction In Declaratory Judgment Actions, Marketa Trimble
Scholarly Works
In declaratory judgment actions brought by alleged infringers against rights holders, such as actions for declaration of invalidity or non-infringement of intellectual property rights, U.S. courts have long maintained that sending a cease-and-desist letter alone, absent other acts in an alleged infringer's forum, is not a sufficient basis for personal jurisdiction over the rights holder who mailed them to the alleged infringer's forum. Notwithstanding the similarities between cease-and-desist letters and notifications under the Digital Millennium Copyright Act (DMCA), the Tenth Circuit Court of Appeals recently decided that sending a notification alone does establish a basis for personal jurisdiction over the …
The Procedural Foundation Of Substantive Law, Thomas O. Main
The Procedural Foundation Of Substantive Law, Thomas O. Main
Scholarly Works
The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law is inherently substantive. This article argues that substantive law is also inherently procedural. I suggest that the construction of substantive law entails assumptions about the procedures that will apply when that substantive law is ultimately enforced. Those procedures are embedded in the substantive law and, if not applied, will lead to over- or under-enforcement of the substantive mandate. Yet the substance-procedure dichotomy encourages us to treat procedural systems as essentially fungible-leading to a problem of mismatches between substantive law and unanticipated procedures. I locate this argument about …
Facilitating Wage Theft: How Court Use Procedural Rules To Undermine Substantive Rights Of Low-Wage Workers, Nantiya Ruan
Facilitating Wage Theft: How Court Use Procedural Rules To Undermine Substantive Rights Of Low-Wage Workers, Nantiya Ruan
Scholarly Works
In race and sex discrimination class actions, if a defendant employer makes a Rule 68 offer of judgment to the named plaintiffs, courts routinely refuse to dismiss the class claims. In stark contrast, in collective actions for failure to pay lawful wages, if a defendant employer makes a Rule 68 offer of judgment, courts will often dismiss the entire collective action as having been mooted by the named plaintiffs’ recovery. The outcome of such a dichotomy is that low-wage workers are increasingly unable to challenge unlawful wage violations successfully because the aggregation mechanism is too easily defeated. Without an ability …
Summary Of Nc-Dsh, Inc. V. Garner, 125 Nev. Adv. Op. No. 50, Amy C. Ma
Summary Of Nc-Dsh, Inc. V. Garner, 125 Nev. Adv. Op. No. 50, Amy C. Ma
Nevada Supreme Court Summaries
Appeal from a district court order vacating a stipulated final judgment under NRCP 60(b) for fraud on the court.
Summary Of In Re Estate Of Miller, 125 Nev. Adv. Op. 42, Daniel M. Ryan
Summary Of In Re Estate Of Miller, 125 Nev. Adv. Op. 42, Daniel M. Ryan
Nevada Supreme Court Summaries
This case is an appeal and cross-appeal from the district court’s order denying the defendant’s motion for attorney fees but awarding costs in a case pertaining to the distribution of the decedent’s (Rose Miller’s) estate.
Summary Of Bower V. Harrah’S Laughlin, Inc., 125 Nev. Adv. Op. No. 37, John Ward
Summary Of Bower V. Harrah’S Laughlin, Inc., 125 Nev. Adv. Op. No. 37, John Ward
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Foster V. Dingwall, 126 Nev. Adv. Op. 6, Daniel M. Ryan
Summary Of Foster V. Dingwall, 126 Nev. Adv. Op. 6, Daniel M. Ryan
Nevada Supreme Court Summaries
This case pertained to a contracts action. Appellants appealed the district court’s decision to strike the appellants’ pleadings and enter a default judgment against them as a discovery sanction, as well as the district court’s decision to award compensatory damages and attorney and special master fees to the appellees
Chief William's Ghost: The Problematic Persistence Of The Duty To Sit Doctrine, Jeffrey W. Stempel
Chief William's Ghost: The Problematic Persistence Of The Duty To Sit Doctrine, Jeffrey W. Stempel
Scholarly Works
The duty to sit concept or “doctrine”—or at least what I term the “pernicious” version of the concept—emphasizes a judge's obligation to hear and decide cases unless there is a compelling ground for disqualification and creates a situation in which judges are erroneously pushed to resolve close disqualification issues against recusal when the presumption should run in exactly the opposite direction. In close cases, judges should err on the side of recusal in order to enhance public confidence in the judiciary and to ensure that subtle, subconscious, or hard-to-prove bias, prejudice, or partiality does not influence decision-making. The pernicious version …
Playing Forty Questions: Responding To Justice Roberts' Concerns In Caperton And Some Tentative Answers About Operationalizing Judicial Recusal And Due Process, Jeffrey W. Stempel
Playing Forty Questions: Responding To Justice Roberts' Concerns In Caperton And Some Tentative Answers About Operationalizing Judicial Recusal And Due Process, Jeffrey W. Stempel
Scholarly Works
The Chief Justice of the United States would probably have excelled as a negative debater in high school forensics competitions. Good negative debaters are, as my high school English teacher put it, “great point-pickers” in that they frequently challenge affirmative proposals with a series of “what if?” or “how about?” or “what would you do if?” questions designed to leave the affirmative resolution bleeding to death of a thousand cuts. Less charitable observers might call it nit-picking. After reading Chief Justice Roberts's dissenting opinion in Caperton v. A.T. Massey Coal Co., one can easily imagine him as a high school …
Summary Of Five Star Capital Corp. V. Ruby, 124 Nev. Adv. Op. No. 88, Michelle D. Alarie
Summary Of Five Star Capital Corp. V. Ruby, 124 Nev. Adv. Op. No. 88, Michelle D. Alarie
Nevada Supreme Court Summaries
Appeal from a district court’s grant of summary judgment against petitioner Five Star Capital Corp. for bringing a second lawsuit barred by res judicata.
The Fall And Rise Of Qualified Immunity: From Hope To Harris, Mark R. Brown
The Fall And Rise Of Qualified Immunity: From Hope To Harris, Mark R. Brown
Nevada Law Journal
No abstract provided.
A "Plausible" Showing After Bell Atlantic Corp. V. Twombly, Charles B. Campbell
A "Plausible" Showing After Bell Atlantic Corp. V. Twombly, Charles B. Campbell
Nevada Law Journal
No abstract provided.
Summary Of Anse, Inc. V. Eighth Judicial Dist. Court Of State Ex Rel. County Of Clark, 124 Nev. Adv. Op. No. 74, Joanna M. Myers
Summary Of Anse, Inc. V. Eighth Judicial Dist. Court Of State Ex Rel. County Of Clark, 124 Nev. Adv. Op. No. 74, Joanna M. Myers
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Barney V. Mt. Rose Heating & Air Conditioning, 124 Nev. Adv. Op. No. 71, Elena Roberts
Summary Of Barney V. Mt. Rose Heating & Air Conditioning, 124 Nev. Adv. Op. No. 71, Elena Roberts
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Torrealba V. Kesmetis, 124 Nev. Adv. Op. No. 10, Barbara Mcdonald
Summary Of Torrealba V. Kesmetis, 124 Nev. Adv. Op. No. 10, Barbara Mcdonald
Nevada Supreme Court Summaries
Appeal from a district court summary judgment in a tort action.
Summary Of Loomis V. Whitehead, 124 Nev. Adv. Op. No. 7, Charles R. Peterson
Summary Of Loomis V. Whitehead, 124 Nev. Adv. Op. No. 7, Charles R. Peterson
Nevada Supreme Court Summaries
Appeal from an order granting partial summary judgment in a contract action. Summary judgment was based on NRS 602.070, barring persons who fail to file a fictitious name certificate from suing on any contract or agreement made under the fictitious name. Nevada Supreme Court (the “Court”) reversed and remanded.
Summary Of Dancer V. Golden Coin, Ltd., 124 Nev. Adv. Op. No.2, Tyler Ure
Summary Of Dancer V. Golden Coin, Ltd., 124 Nev. Adv. Op. No.2, Tyler Ure
Nevada Supreme Court Summaries
Appeal from Eighth Judicial District Court’s order dismissing claims and counterclaims in a labor law dispute.
Summary Of Lioce V. Cohen, 124 Nev. Adv. Op. No. 1, Nevada Law Journal
Summary Of Lioce V. Cohen, 124 Nev. Adv. Op. No. 1, Nevada Law Journal
Nevada Supreme Court Summaries
This is an en banc rehearing of Lioce v. Cohen.1 This case involves the consolidated appeals of four district court orders, two granting new trials because of attorney misconduct and two denying new trials because of attorney misconduct.
Mandating Minimum Quality In Mass Arbitration, Jeffrey W. Stempel
Mandating Minimum Quality In Mass Arbitration, Jeffrey W. Stempel
Scholarly Works
The Supreme Court's decision in McMahon and its progeny has led many businesses and employers to embrace what was once deemed a localized, industry-specific practice. The "new" or "mass arbitration" only mildly resembles the traditional system employed by niches in industry for settling commercial matters among commercial actors. While the "old" system involved parties who were relatively equal in bargaining power and knowledge, these systems for mass arbitration lack a freely entered bargain and resemble more closely, contracts of adhesion. Privatized arbitration resolves issues of both statutory and substantive law, and there is a strong argument, given the inexperience of …
Summary Of Hsu V. County Of Clark, 123 Nev. Adv. Op. No. 60, Diane L. Welch
Summary Of Hsu V. County Of Clark, 123 Nev. Adv. Op. No. 60, Diane L. Welch
Nevada Supreme Court Summaries
This case is an appeal from a district court order, entered on remand, dismissing an inverse condemnation action. While the current appeal was pending, the Nevada Supreme Court decided an intervening case with substantively similar facts which changed Nevada law when analyzing airspace takings.
Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen
Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen
Nevada Supreme Court Summaries
Appeal for writ of prohibition to determine if a district court can retain jurisdiction over disputes from a settlement agreement between parties, after the district court previously dismissed the case with prejudice.ve-flas
Summary Of Leven V. Frey, 123 Nev. Adv. Op. No. 40, William Miller
Summary Of Leven V. Frey, 123 Nev. Adv. Op. No. 40, William Miller
Nevada Supreme Court Summaries
This appeal clarifies the procedure and standard for judgment renewal, under NRS 17.214. The Nevada Supreme Court held that an individual must show timely filing of an affidavit, timely recording of the affidavit (if the judgment to be renewed was recorded), and timely service of the affidavit. Furthermore, the statutory language requires strict compliance.
Summary Of Arnold V. Kip, 123 Nev. Adv. Op. No. 41, Barbara Mcdonald
Summary Of Arnold V. Kip, 123 Nev. Adv. Op. No. 41, Barbara Mcdonald
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Clark Cty. Sch. Dist. V. Richardson Constr., 123 Nev. Adv. Op. 39, Danielle Tarmu
Summary Of Clark Cty. Sch. Dist. V. Richardson Constr., 123 Nev. Adv. Op. 39, Danielle Tarmu
Nevada Supreme Court Summaries
Appeal from judgment awarding $225,000 to Richardson Construction and order imposing sanctions upon Clark County School District (hereinafter “CCSD”).
Summary Of Caballero V. Dist. Ct., 123 Nev. Adv. Op. No. 34, Jerald Van Rhyn
Summary Of Caballero V. Dist. Ct., 123 Nev. Adv. Op. No. 34, Jerald Van Rhyn
Nevada Supreme Court Summaries
Petitioner Caballero didn’t speak English and wanted an interpreter for his small claims proceedings. The justice court denied his request on the ground that he wasn’t disabled under NRS 50.050.2 The Supreme Court held that the justice court had an inherent power to allow a volunteer interpreter or appoint one in the alternative if justice demands it. Further, the Supreme Court held that the justice court had an express power of appointment under JCRCP 43(f).3 The Supreme Court therefore issued a write of mandamus ordering the district court’s order vacated and remanding the issue to justice court for consideration.
Summary Of Marcuse V. Del Webb Communities, 123 Nev. Adv. Op. No. 30, Jeremy K. Cooper
Summary Of Marcuse V. Del Webb Communities, 123 Nev. Adv. Op. No. 30, Jeremy K. Cooper
Nevada Supreme Court Summaries
Appeal of a district court’s dismissal of a construction defect class action. Also, appeal from a district court’s denial of appellants’ motion to consolidate their claim and their motion for a separate trial within a class action (first action) and appeal from a district court’s order granting respondent’s motion to dismiss appellant’s pursuit of a second action independent from the class action under the doctrines of res judicata and collateral estoppel (second action). The Nevada Supreme Court affirmed the district court’s dismissal of the class action based on the settlement and reversed the district court’s order granting respondent’s motion to …
Summary Of Nelson V. Heer, 123 Nev. Adv. Op. 26, Shauna Welsh
Summary Of Nelson V. Heer, 123 Nev. Adv. Op. 26, Shauna Welsh
Nevada Supreme Court Summaries
Review of district court’s order denying a motion for judgment as a matter of law based on the statutory interpretation of N.R.S. Chapter 113, which governs the sale of real property.
Summary Of Callie V. Bowling, 123 Nev. Adv. Op. No. 22, Bret Meich
Summary Of Callie V. Bowling, 123 Nev. Adv. Op. No. 22, Bret Meich
Nevada Supreme Court Summaries
The court considered whether a judgment creditor in a domesticated foreign judgment may add a nonparty to a final judgment, under the alter ego doctrine, simply by moving to amend the judgment. The court held that such a procedure violates the due process rights of the nonparty whom the creditor seeks to add. To observe the requisite attributes of due process, a judgment creditor who wishes to assert an alter ego claim must do so in an independent action against the alleged alter ego.
Summary Of Schmidt V. Washoe County, 123 Nev. Adv. Op. No. 16, Matthew H. Engle
Summary Of Schmidt V. Washoe County, 123 Nev. Adv. Op. No. 16, Matthew H. Engle
Nevada Supreme Court Summaries
Gary R. Schmidt raised six alleging violation of Nevada’s Open Meeting Law, NRS § 241 et seq. The first four stemmed from a Washoe County Board of Commissioners (“WCBC”) meeting on January 11, 2005. First, that the WCBC violated the Open Meeting Law by “pulling” a lobbying contract from its agenda. Second, that WCBC violated the law when it allegedly deliberated on whether to remove the lobbying contract item from its agenda. Third, that WCBC improperly reduced his allotment of time to speak on the lobbying contract. Fourth, that WCBC improperly refused to read into the record letters written by …
Summary Of Edwards V. Ghandour, 123 Nev. Adv. Op. No. 14, Jennifer Arias
Summary Of Edwards V. Ghandour, 123 Nev. Adv. Op. No. 14, Jennifer Arias
Nevada Supreme Court Summaries
On October 22, 1998, Edwards and two of his business partners filed their original complaint. In the complaint, Edwards and his partners alleged they were fraudulently induced into leasing restaurant space and brought claims against eleven defendants. While counsel initially represented Edwards and his partners, the lawyer was forced to withdraw, after being disbarred. In his amended complaint, Edwards, who was not authorized to practice law, named, on their behalf, both business partners. In fact, Edwards named one partner who wished to be removed. The district court ruled that the amended complaint would relate solely to Edwards and removed the …