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Articles 91 - 120 of 160
Full-Text Articles in Contracts
Summary Of Attorney Gen. V. Dist. Ct. (Philip Morris), 125 Nev. Adv. Op. No. 5, Miranda Mahe
Summary Of Attorney Gen. V. Dist. Ct. (Philip Morris), 125 Nev. Adv. Op. No. 5, Miranda Mahe
Nevada Supreme Court Summaries
No abstract provided.
The Insurance Policy As Thing, Jeffrey W. Stempel
The Insurance Policy As Thing, Jeffrey W. Stempel
Scholarly Works
Insurance policies are a type of contract. But characterizing them only as contracts misses much of the richness of the insurance arrangement, policyholder-insurer relations, and the degree to which insurance policies, which are heavily standardized, are designed to perform a particular function. Because of their mass standardization and deployment to address particular risk management issues, insurance policies are in many respects like products or chattels. Insurers and the insurance trade press in fact frequently speak of a line of insurance "products" or a new "product" being introduced to address an emerging risk. Appreciating this aspect of the insurance policy can …
Summary Of Lehrer Mcgovern Bovis V. Bullock Insulation, 124 Nev. Adv. Op. No. 39, Katie Weber
Summary Of Lehrer Mcgovern Bovis V. Bullock Insulation, 124 Nev. Adv. Op. No. 39, Katie Weber
Nevada Supreme Court Summaries
Appeal from three consolidated district court judgments, and from post-judgment orders denying a new trial and awarding attorney’s fees and costs.
Summary Of Mayfield V. Koroghli, 124 Nev. Adv. Op. Citation 34, Nevada Law Journal
Summary Of Mayfield V. Koroghli, 124 Nev. Adv. Op. Citation 34, Nevada Law Journal
Nevada Supreme Court Summaries
This case is a consolidated appeal from district court judgments granting specific performance and awarding costs in a real property action.
Summary Of Whitemaine V. Aniskovich, 124 Nev. Advanced Opinion 29, Meredith Holmes
Summary Of Whitemaine V. Aniskovich, 124 Nev. Advanced Opinion 29, Meredith Holmes
Nevada Supreme Court Summaries
Appellant Whitemaine had concurrent employment contracts with Bank of America Investment Services, Inc. (BAIS) and Bank of America, N.A. The BAIS contract contained a provision requiring appellant to arbitrate any dispute related to her employment. The Bank of America contract contained no arbitration clause, but contained an integration clause. The issue in this case was whether two employment contracts can constitute a single agreement when one of them contains an integration clause.
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 …
Incidental Findings: A Common Law Approach, Stacey A. Tovino
Incidental Findings: A Common Law Approach, Stacey A. Tovino
Scholarly Works
Federal regulations governing human subjects research do not address key questions raised by incidental neuroimaging findings, including the scope of a researcher’s disclosure with respect to the possibility of incidental findings and the question whether a researcher has an affirmative legal duty to seek, detect, and report incidental findings. The scope of researcher duties may, however, be mapped with reference to common law doctrine, including fiduciary, tort, contract, and bailment theories of liability.
After The Battle Of The Forms, Francis J. Mootz Iii
After The Battle Of The Forms, Francis J. Mootz Iii
Scholarly Works
Commercial parties continue to fight the battle of the forms, but electronic contracting is quickly rendering this practice obsolete. In this article I assess the legal landscape for commercial parties after the battle of the forms. In Section I, I briefly describe the (relatively) settled law under U.C.C. § 2-207. I then describe how these rules permit commercial parties to erect a force-field to protect themselves from being subjected to unwanted terms, and the developments in web-based contracting and recent case law applying contract formation principles to electronic contracting. Finally, I discuss how the growth of electronic contracting will eliminate …
Summary Of Anvui, Llc V. G.L. Dragon, Llc, 123 Nev. Adv. Op. No. 25, Kelly Walker
Summary Of Anvui, Llc V. G.L. Dragon, Llc, 123 Nev. Adv. Op. No. 25, Kelly Walker
Nevada Supreme Court Summaries
No abstract provided.
Uniform Commercial Code Survey: Sales, Keith A. Rowley, Carolyn L. Dessin, Larry T. Garvin, Robyn L. Meadows
Uniform Commercial Code Survey: Sales, Keith A. Rowley, Carolyn L. Dessin, Larry T. Garvin, Robyn L. Meadows
Scholarly Works
2006 Uniform Commercial Code Survey: Sales
Colloquy, Transactional Economics: Victor Goldberg’S Framing Contract Law, Keith A. Rowley, Mark P. Gergen, Victor Goldberg, Stewart Mcaulay
Colloquy, Transactional Economics: Victor Goldberg’S Framing Contract Law, Keith A. Rowley, Mark P. Gergen, Victor Goldberg, Stewart Mcaulay
Scholarly Works
Panel discussion among law faculty who teach contracts of 2007 book authored by Victor Goldberg, which suggests that an economic approach to contract interpretation is appropriate.
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 …
Summary Of Griffin V. Old Republic Ins. Co., 122 Nev. Adv. Op. 42, Jacqueline A. Gilbert
Summary Of Griffin V. Old Republic Ins. Co., 122 Nev. Adv. Op. 42, Jacqueline A. Gilbert
Nevada Supreme Court Summaries
Appellant Griffin, after sustaining severe personal injuries when a plane piloted by Kevin Jensen crashed into Griffin’s yard, sued Jensen in Nevada state court. Jensen carried an Old Republic Insurance Company aviation policy for the plane. The Old Republic aviation insurance application contained a clause, which Jensen initialed, stating that the aircraft would not be covered “unless a standard airworthiness certificate is in full force and effect.” Further, the policy excluded coverage when “the Airworthiness certificate of the aircraft is not in full force and effect” or when “the aircraft has not been subjected to the appropriate airworthiness inspection(s) as …
Summary Of Albios V. Horizon Communities, Inc., 122 Nev. Adv. Op. 37, 132 P.3d 1022, Richard D. Chatwin
Summary Of Albios V. Horizon Communities, Inc., 122 Nev. Adv. Op. 37, 132 P.3d 1022, Richard D. Chatwin
Nevada Supreme Court Summaries
No abstract provided.
Summary Of State Drywall, Inc. V. Rhodes Design & Dev., 122 Nev. Adv. Op. 11, Eunice Kasiske
Summary Of State Drywall, Inc. V. Rhodes Design & Dev., 122 Nev. Adv. Op. 11, Eunice Kasiske
Nevada Supreme Court Summaries
State Drywall Inc. (“State Drywall”) appealed the district court’s order awarding Rhodes Design & Development (“Rhodes”) its attorney fees and costs in a breach of contract action pursuant to the cost-shifting provisions of NRCP 68(g) and NRS 17.115(5). State Drywall successfully argued that the district court should have awarded prejudgment interest on the two payments that Rhodes made before trial but after litigation had commenced, and added that prejudgment interest to the judgment awarded in making the comparison to the offer of judgment under NRCP 68(g) and NRS 17.115(5).
The Often Imitated, But Not Yet Duplicated, Revised Uniform Commercial Code Article 1, Keith A. Rowley
The Often Imitated, But Not Yet Duplicated, Revised Uniform Commercial Code Article 1, Keith A. Rowley
Scholarly Works
Unlike Revised Uniform Commercial Code Article 9 (1999), which every state and the District of Columbia enacted within roughly two years of its promulgation, states have been slower to warm to Revised UCC Article 1 (2001). Nearly seven years after the American Law Institute and the National Conference of Commissioners on Uniform State Law promulgated it, thirty-three states have enacted their own versions of Revised UCC Article 1. None of the thirty-three has enacted the uniform version in its entirety. All thirty-three enacting states have rejected the uniform choice-of-law provision (§ 1-301) in favor of retaining language based on pre-Revised …
To Err Is Human, Keith A. Rowley
To Err Is Human, Keith A. Rowley
Scholarly Works
This essay reviews Allan Farnsworth's final book, Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions (Oxford U. Press 2004). There are many kinds of mistakes. One kind - a rational, well-intended decision or act that results in unanticipated, negative consequences - was the principal subject of Allan Farnsworth's previous foray into the realm of contractual angst: Changing Your Mind: The Law of Regretted Decisions (Yale U. Press 1998). Another kind - the subject of this book - is a mistake caused by an inaccurate, incomplete, or incompetent mental state at the time of an act or decision that results in …
Uniform Commercial Code Survey: Sales, Keith A. Rowley, Carolyn L. Dessin, Larry T. Garvin, Robyn L. Meadows
Uniform Commercial Code Survey: Sales, Keith A. Rowley, Carolyn L. Dessin, Larry T. Garvin, Robyn L. Meadows
Scholarly Works
2005 Uniform Commercial Code Survey: Sales
Harmonizing The Law In Waiver Of Fundamental Rights: Jury Waiver Provisions In Contracts, Wayne Klomp
Harmonizing The Law In Waiver Of Fundamental Rights: Jury Waiver Provisions In Contracts, Wayne Klomp
Nevada Law Journal
No abstract provided.
Summary Of Waddell V. L.V.R.V. Inc., 122 Nev. ___, Christian Hale
Summary Of Waddell V. L.V.R.V. Inc., 122 Nev. ___, Christian Hale
Nevada Supreme Court Summaries
Appellants Arthur R. Waddell and his wife, Roswitha M. Waddell (the Waddells), entered into a contract to purchase a 1996 Coachmen Santara motor home (the RV) from crossappellant L.V.R.V. Inc., D/B/A Wheeler's Las Vegas RV (Wheeler's). In 1996 the Waddells agreed to purchase the RV and an extended warranty from Wheeler's, and requested that various repairs be performed on the vehicle's engine cooling system, that new batteries be installed, and that the door frames be aligned, prior to delivery. The Waddells took delivery of the RV on September 1, 1997. The Waddells noticed problems with the RV on their first …
Summary Of Canfora V. Coast Hotels & Casinos, Inc., 121 Nev. Adv. Op. 76, Daria Snadowsky
Summary Of Canfora V. Coast Hotels & Casinos, Inc., 121 Nev. Adv. Op. 76, Daria Snadowsky
Nevada Supreme Court Summaries
The Canforas appealed the district court’s order that they reimburse Coast Hotels in accordance with a subrogation clause and reimbursement agreement. The Canforas unsuccessfully argued that various contract and civil procedure principles precluded Coast Hotels from recovering its expenses
Summary Of Sheehan & Sheehan V. Nelson Malley & Co., 121 Nev. Adv. Op. 49, Kimberly Lou
Summary Of Sheehan & Sheehan V. Nelson Malley & Co., 121 Nev. Adv. Op. 49, Kimberly Lou
Nevada Supreme Court Summaries
In this case, the Nevada Supreme Court reviews the district court’s interpretation of a contractual covenant not to compete and a liquidated damages clause. The Court states that unless clearly erroneous, it will affirm a district court’s decision on whether a contract was breached or not. However, the Court does not have to use the district court’s construction of a contract to make that determination. The Court may use independent appellate review to construe contracts.
Uniform Commercial Code Survey: Sales, Keith A. Rowley, Carolyn L. Dessin, Larry T. Garvin, Robyn L. Meadows
Uniform Commercial Code Survey: Sales, Keith A. Rowley, Carolyn L. Dessin, Larry T. Garvin, Robyn L. Meadows
Scholarly Works
2004 Uniform Commercial Code Survey: Sales.
Summary Of Bell V. Leven, 120 Nev. Adv. Rep. 43, Jeff Hall
Summary Of Bell V. Leven, 120 Nev. Adv. Rep. 43, Jeff Hall
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Beckwith V. State Farm Fire And Casualty Co., Ira David
Summary Of Beckwith V. State Farm Fire And Casualty Co., Ira David
Nevada Supreme Court Summaries
No abstract provided.
One For All, But None For (All Of) One: Revised Article 1 Of The Uniform Commercial Code (Part 1 Of 2), Keith A. Rowley
One For All, But None For (All Of) One: Revised Article 1 Of The Uniform Commercial Code (Part 1 Of 2), Keith A. Rowley
Scholarly Works
This article examines four major differences between Revised Article 1 of the Uniform Commercial Code and Nevada's current (as of 2004) version of Article 1, codified at N.R.S. §§ 104.1101 et seq.
Arbitration, Unconscionability, And Equilibrium: The Return Of Unconscionability Analysis As A Counterweight To Arbitration Formalism, Jeffrey W. Stempel
Arbitration, Unconscionability, And Equilibrium: The Return Of Unconscionability Analysis As A Counterweight To Arbitration Formalism, Jeffrey W. Stempel
Scholarly Works
However incomplete, unaggressive, or sub-optimal, unconscionability analysis of arbitration agreements has made something of a comeback in the late twentieth century and early twenty-first century. Just as nature abhors a vacuum, water seeks to be level, and ecosystems work to retain environmental stability, the legal system has witnessed an incremental effort by lower courts to soften the rough edges of the Supreme Court's pro-arbitration jurisprudence through rediscovery of what might be called the “unconscionability norm”--a collective judicial view as to what aspects of an arbitration arrangement are too unfair to merit judicial enforcement. In rediscovering and reinvigorating the unconscionability norm …
Summary Of Ringle V. Bruton, Kirk Reynolds
Summary Of Ringle V. Bruton, Kirk Reynolds
Nevada Supreme Court Summaries
Ringle was the owner of the Stagecoach Casino and Hotel in Beatty, Nevada and hired Bruton in June 1992 to work as the general manager of the facility. Bruton agreed to a two-year contract with an annual gross salary of $44,990 as well as $1,800 in monthly bonuses provided certain goals were reached. Bruton was employed at the Stagecoach for four years. After two years, the parties did not execute a new contract, nor did they renew the old contract. After the contract expired in 1994, Ringle provided Bruton with a company car as well as periodic raises for which …
Summary Of United Nat’L Ins. Co. V. Frontier Ins. Co., Matt Wagner
Summary Of United Nat’L Ins. Co. V. Frontier Ins. Co., Matt Wagner
Nevada Supreme Court Summaries
This case addresses an insurance company’s duties to defend and indemnify an insured under a comprehensive general liability (“CGL”) insurance policy. The court reviews the issue by examining the language of the specific CGL policy.
Summary Of D. R. Horton, Inc. V. Green, 120 Nev. Adv. Op. 63, Hilary Barrett Muckleroy
Summary Of D. R. Horton, Inc. V. Green, 120 Nev. Adv. Op. 63, Hilary Barrett Muckleroy
Nevada Supreme Court Summaries
Appeal from a district court order denying a motion to compel arbitration.