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Articles 301 - 330 of 380
Full-Text Articles in Civil Procedure
Summary Of Monroe V. Columbia Sunrise Hospital And Medical Center, 123 Nev. Adv. Op. 13, Ryan Andrus
Summary Of Monroe V. Columbia Sunrise Hospital And Medical Center, 123 Nev. Adv. Op. 13, Ryan Andrus
Nevada Supreme Court Summaries
Appellant Monroe appeals from the Eighth Judicial District Court’s grant of dismissal pursuant to NRCP 41(e). Monroe brought claims on behalf of herself and her son James.
Summary Of Francesca Bero-Wachs V. The Law Office Of Logar And Pulver, 123 Nev. Adv. Op. 10, Judy Carol Cox
Summary Of Francesca Bero-Wachs V. The Law Office Of Logar And Pulver, 123 Nev. Adv. Op. 10, Judy Carol Cox
Nevada Supreme Court Summaries
Appellant Bero-Wachs appeals from a district court order upholding her attorney’s lien which attached her IRA accounts and included accountant fees. Respondent Lograr petitions for a writ of mandamus, seeking a declaration that Bero-Wachs’ alimony award is attachable to his attorney’s lien.
A Proposal To Clarify Rule 68 Of The Nevada Rules Of Civil Procedure Regarding Offers Of Judgment, Craig Roecks
A Proposal To Clarify Rule 68 Of The Nevada Rules Of Civil Procedure Regarding Offers Of Judgment, Craig Roecks
Nevada Law Journal
No abstract provided.
The Relationship Between Defense Counsel, Policyholders, And Insurers: Nevada Rides Yellow Cab Toward "Two-Client" Model Of Tripartite Relationship. Are Cumis Counsel And Malpractice Claims By Insurers Next?, Jeffrey W. Stempel
Scholarly Works
It happens constantly in civil litigation. An insurance company hires a lawyer to defend its policyholder from a third party’s claim of injury. But just who is the lawyer’s “client?” Is it the policyholder who is the named defendant in the case and is “represented” in court proceedings? Or is it the insurer who, in most cases, selected the attorney, pays the attorney, supervises the litigation, and has (by the terms of the liability insurance policy) the right to settle the case, even over the objections of the policyholder? Ordinarily, the liability insurer has both the duty to defend a …
Lawyer Professional Responsibility In Litigation, Jeffrey W. Stempel
Lawyer Professional Responsibility In Litigation, Jeffrey W. Stempel
Scholarly Works
A perennially-vexing litigation issue concerns the limits of permissible attorney argument. More than a few lawyers have been tripped up by the occasional fuzziness of the line between aggressive advocacy and improper appeals to passion or prejudice. See Craig Lee Montz, Why Lawyers Continue to Cross the Line in Closing Argument: An Examination of Federal and State Cases, 28 Ohio N.U. L. Rev. 67 (2001-2002)(problem of violations results from lack of uniformity and clarity of ground rules as well as errors of counsel). In Cohen v. Lioce, 149 P.3d 916 (Nev. 2006) the Nevada Supreme Court both provided significant guidance …
Reconsidering Procedural Conformity Statutes, Thomas O. Main
Reconsidering Procedural Conformity Statutes, Thomas O. Main
Scholarly Works
No abstract provided.
Summary Of Washoe Med. Ctr. V. Dist. Ct., 122 Nev. Adv. Op. No. 110, Aubree Nielsen
Summary Of Washoe Med. Ctr. V. Dist. Ct., 122 Nev. Adv. Op. No. 110, Aubree Nielsen
Nevada Supreme Court Summaries
An appeal involving an issue of first impression – whether a plaintiff in a medical malpractice action may amend her complaint, under NRCP 15(a), to comply with NRS 41A.071, which requires that complaints for medical malpractice be accompanied by a medical expert affidavit.
Summary Of Millen V. Dist. Ct., Nev. Adv. Op. No. 105, Sherry Moore
Summary Of Millen V. Dist. Ct., Nev. Adv. Op. No. 105, Sherry Moore
Nevada Supreme Court Summaries
The district court judge disqualified petitioner’s counsel because petitioner’s counsel was on the judge’s recusal list. Petitioner filed a writ of mandamus to prevent the district court judge’s disqualification of her attorney from representing her at trial.
Summary Of Rocker V. Kpmg Llp, 122 Nev. Adv. Op. No. 101, 148 P.3d 703, Matt Lay
Summary Of Rocker V. Kpmg Llp, 122 Nev. Adv. Op. No. 101, 148 P.3d 703, Matt Lay
Nevada Supreme Court Summaries
Appeal from an order of the Eighth Judicial District Court, State of Nevada, granting motion to dismiss for lack of personal jurisdiction and failure to plead with particularity.
Summary Of Brent G. Theobald Constr. V. Richardson Constr., 122 Nev. Adv. Op. 98, Michelle L'Hommedieu
Summary Of Brent G. Theobald Constr. V. Richardson Constr., 122 Nev. Adv. Op. 98, Michelle L'Hommedieu
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Winston Products Co. V. Deboer, 122 Nev. Adv. Op. 4, Dustin Howell
Summary Of Winston Products Co. V. Deboer, 122 Nev. Adv. Op. 4, Dustin Howell
Nevada Supreme Court Summaries
This case examines “the method used to compute the time for filing motions for judgment as a matter of law and for a new trial and the tolling period to file a notice of appeal when these motions are served by mail or electronic means.”2 This case also addresses the issue of whether tolling motions also toll the time to appeal from a post-judgment order awarding attorney fees and costs.
Summary Of International Game Tech. V. Dist. Ct., 122 Nev. Adv. Op. No. 13, Krystal Gallagher
Summary Of International Game Tech. V. Dist. Ct., 122 Nev. Adv. Op. No. 13, Krystal Gallagher
Nevada Supreme Court Summaries
Petitioner, Nevada’s Attorney General, appeals from the district courts’ refusals to dismiss actions brought under Nevada’s False Claims Act (“FCA”) by respondents, James McAndrews and Beeler, Schad & Diamond, P.C. Nevada permits individuals to become private attorneys general, which grants individuals the right to sue on behalf of the state. This individual is known as a quitam plaintiff. After filing an action, the quitam plaintiff must send the Attorney General a copy of the complaint and a written disclosure of all material information, and then the complaint is sealed. The complaint remains sealed and the defendants are not served until …
Summary Of Mccrary V. Bianco, 122 Nev. Adv. Op. 10, Eunice Kasiske
Summary Of Mccrary V. Bianco, 122 Nev. Adv. Op. 10, Eunice Kasiske
Nevada Supreme Court Summaries
Thomas and Rebecca McCrary (“McCrary”) appealed from a post-verdict district court order awarding attorney fees based upon the cost shifting provisions of NRCP 68 and NRS 17.115. Dominic Bianco (“Bianco”) cross-appealed from the denial of its motion for partial satisfaction of judgment. McCrary unsuccessfully argued that the district court erred in its failure to consider pre-offer attorney fees and costs as part of its determination of the total judgment for cost-shifting purposes. McCrary successfully argued that the district court erred in not including pre-offer prejudgment interest in its comparison between the total amount awarded and the offer of judgment, for …
Summary Of Koller V. State, 122 Nev. Adv. Op. 20, Amy S. Scarborough
Summary Of Koller V. State, 122 Nev. Adv. Op. 20, Amy S. Scarborough
Nevada Supreme Court Summaries
Appeal from a writ of prohibition granted by the Third Judicial District Court, State of Nevada.
Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni
Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni
Nevada Supreme Court Summaries
Motion to support a stay pending an appeal by security other than a supersedeas bond.
Summary Of Wood V. Safeway, Inc., 121 Nev. Adv. Op. 73, Michael Shalmy
Summary Of Wood V. Safeway, Inc., 121 Nev. Adv. Op. 73, Michael Shalmy
Nevada Supreme Court Summaries
A mentally handicapped female working for Safeway Stores, Inc. was sexually assaulted at work by an employee of a company that provided janitorial services for Safeway. The assaults occurred in a storage room and in the parking lot while she was gathering shopping carts. She filed a complaint against Safeway and the janitorial company, Action Cleaning, alleging five causes of action as a result of the sexual assault. The district court granted summary judgment in favor of Safeway, determining that Safeway was immune from suit because of coverage provided by the Nevada Industrial Insurance Act (the “NIIA”). The district court …
Summary Of Whealon V. Sterling, 121 Nev. Adv. Op. 66, Jarrod Rickard
Summary Of Whealon V. Sterling, 121 Nev. Adv. Op. 66, Jarrod Rickard
Nevada Supreme Court Summaries
Appellant agent sought review of a summary judgment from the Eighth Judicial District Court, which ruled in favor of respondent entertainer in a contract dispute.
Summary Of Szydel V. Markman, 121 Nev. Adv. Op. 47, Hagar Labouz
Summary Of Szydel V. Markman, 121 Nev. Adv. Op. 47, Hagar Labouz
Nevada Supreme Court Summaries
Appellant Szydel brought a medical malpractice claim against Dr. Markman after he left a surgical needle inside her breast following a surgical procedure. Szydel and her husband filed a malpractice claim in district court and Dr. Markman moved to dismiss because the complaint was not accompanied by a medical expert’s affidavit, as required by statute. Szydel claimed that her action was filed under Nevada’s res ipsa loquitur statute and thus did not require a medical expert’s affidavit.
Summary Of Kahn V. Morse & Mowbray, 121 Nev. Adv. Op. 48, Hagar Labouz
Summary Of Kahn V. Morse & Mowbray, 121 Nev. Adv. Op. 48, Hagar Labouz
Nevada Supreme Court Summaries
This action arises out of a business agreement between the Kahns and their son, Eric. The Kahns violated the agreement with Eric by selling their business to their other son, Frank. The Kahns hired Byrd and his firm, Morse & Mowbray, to represent them. Shortly thereafter the parties reached a settlement, and the Kahns reneged on the settlement. Eric filed an action against the Kahns for specific enforcement of the settlement and Byrd and his firm declined to contest Eric’s contentions regarding the settlement. The district court held a hearing for specific enforcement of the settlement and found that all …
Summary Of Lee V. Ball, 121 Nev. Adv. Op. 38, Jared R. Gibb
Summary Of Lee V. Ball, 121 Nev. Adv. Op. 38, Jared R. Gibb
Nevada Supreme Court Summaries
This case involved an appeal from a district court judgment in a personal injury case, entered pursuant to a jury verdict which initially awarded the plaintiff $1,300 in damages. The plaintiff subsequently requested a new trial or, in the alternative, additur. The district court awarded the plaintiff an additur of $8,200 and prejudgment interest, without offering the defendant a new trial on damages.
Summary Of Matter Of Harrison Living Trust, 121 Nev. Adv. Op. 26, Jarrod Rickard
Summary Of Matter Of Harrison Living Trust, 121 Nev. Adv. Op. 26, Jarrod Rickard
Nevada Supreme Court Summaries
An appeal challenging a district court decision denying the petition of a trust beneficiary asking for an order surcharging the trustee for breach of fiduciary duty in distributing assets according to court order that the trustee knew was void.
Summary Of Aviation Ventures, Inc. V. Joan Morris, Inc., 121 Nev. Adv. Op. 13, 110 P.3d 59, Bryce Loveland
Summary Of Aviation Ventures, Inc. V. Joan Morris, Inc., 121 Nev. Adv. Op. 13, 110 P.3d 59, Bryce Loveland
Nevada Supreme Court Summaries
No abstract provided.
"To Sue Or Not To Sue": The Past, Present And Future Of Construction Defect Litigation In Nevada, Robert J. Aalberts
"To Sue Or Not To Sue": The Past, Present And Future Of Construction Defect Litigation In Nevada, Robert J. Aalberts
Nevada Law Journal
No abstract provided.
Summary Of Reno Hilton Resort Corp. V. Verderber, 121 Nev. Adv. Rep. 1 , Robert M. Henriksen
Summary Of Reno Hilton Resort Corp. V. Verderber, 121 Nev. Adv. Rep. 1 , Robert M. Henriksen
Nevada Supreme Court Summaries
A class action was brought as a result of a Norwalk-like virus outbreak at the Reno Hilton in May and June of 1996. The district court divided the action into two phases. The first phase consisted of a jury trial regarding liability and class-wide punitive damages. The jury, imposing $25 million in punitive damages, found that the appellant’s (Reno Hilton Resort Corp.) policy of unpaid sick leave was the proximate cause of the outbreak. The second phase, which has not yet ensued, will consist of individual hearings to assess compensatory damages for each class member. Following the conclusion of the …
Summary Of Edwards V. Direct Access, Llc, 121 Nev. Adv. Op. 89, David T. Gluth
Summary Of Edwards V. Direct Access, Llc, 121 Nev. Adv. Op. 89, David T. Gluth
Nevada Supreme Court Summaries
Appeal from Eighth Judicial District Court’s order granting respondent’s, Direct Access’s, motion to dismiss for lack of jurisdiction because of appellant’s, Edwards’, failure to state a claim under federal and state statutes.
Summary Of Jordan V. State, Dep’T Of Motor Vehicles, 121 Nev. Adv. Op. 7, Daria Snadowsky
Summary Of Jordan V. State, Dep’T Of Motor Vehicles, 121 Nev. Adv. Op. 7, Daria Snadowsky
Nevada Supreme Court Summaries
Jordan v. State rules on two separate appeals that address the same issue of first impression regarding guidelines Nevada state courts must follow in order to restrict court access to in proper person litigants with in forma pauperis status. This case also reconfirms the process by which in forma applications are reviewed. In the first case, respondent Officer Jimmie W. Jones arrested proper person appellant James Jacob Jordan for trespassing on state property2 after Jordan did not heed Officer Jones’s warning to leave the premises. After the trespass charge was dropped the following day, Jordan sued Officer Jones along with …
Class Actions And Limited Vision: Opportunities For Improvement Through A More Functional Approach To Class Treatment Of Disputes, Jeffrey W. Stempel
Class Actions And Limited Vision: Opportunities For Improvement Through A More Functional Approach To Class Treatment Of Disputes, Jeffrey W. Stempel
Scholarly Works
This Article describes the evolution of the perception of the modern class action from populist darling to greedy lawyer pariah, including recent passage of CAFA. It then examines the degree to which different types of cases present different potential benefits and detriments of class action treatment and explains why investor class actions, including those brought by institutional investors, are particularly likely to benefit from class treatment, are resistant to many of the perceived problems of class actions in other contexts, and should receive a warmer welcome from courts, both in absolute terms and relative to other types of class actions. …
Summary Of In The Matter Of The Estate Of John W. Bowlds, 120 Nev. Adv. Rep. 100, Kristen T. Gallagher
Summary Of In The Matter Of The Estate Of John W. Bowlds, 120 Nev. Adv. Rep. 100, Kristen T. Gallagher
Nevada Supreme Court Summaries
An appeal from both parties regarding a court’s review of fee agreements between an estate and its attorneys.
Summary Of State V. Sutton, 120 Nev. Adv. Rep. 99, Kristen T. Gallagher
Summary Of State V. Sutton, 120 Nev. Adv. Rep. 99, Kristen T. Gallagher
Nevada Supreme Court Summaries
Appeal from a final judgment from a breach of contract and breach of the implied covenant of good faith and fair dealing in an employment law case.
The Lawyer's Role(S) In Deliberative Democracy, Carrie Menkel-Meadow
The Lawyer's Role(S) In Deliberative Democracy, Carrie Menkel-Meadow
Nevada Law Journal
No abstract provided.