Dispute Resolution and Arbitration Commons^™

Is That All There Is? "The Problem" In Court-Oriented Mediation, Leonard L. Riskin, Nancy A. Welsh

UF Law Faculty Publications

The alternative process of mediation is now well-institutionalized and widely (though not universally) perceived to save time and money and satisfy lawyers and parties. However, the process has failed to meet important aspirations of its early proponents and certain expectations and needs of one-shot players. In particular, court-oriented mediation now reflects the dominance and preferences of lawyers and insurance claims adjusters. These repeat players understand the problem to be addressed in personal injury, employment, contract, medical malpractice and other ordinary civil non-family disputes as a matter of merits assessment and litigation risk analysis. Mediation is structured so that litigation issues …

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

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

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

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.

Forum Shopping And The Infrastructure Of Federalism., James E. Pfander

Faculty Working Papers

The recent effort of environmentalists and others to secure progressive social change at the state level enacts a familiar ritual in the history of American federalism. Political actors who have found their initiatives blunted at the national level have often turned to the states. With the ebb and flow of political power between two parties over time, arguments about the relative authority of federal and state governments display far more expediency than principle, far more mutability than predictability. States may be more or less progressive than the national government, depending in good measure on the temper of the times and …

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

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

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

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

Nevada Supreme Court Summaries

No abstract provided.

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”).

The Logic Of Legal Remedies And The Relative Weight Of Norms: Assessing The Public Interest In The Tort Reform Debate, Irma S. Russell

Faculty Works

This article explores the background principles of consistency and proportionality in legal rules and remedies. It identifies the relative strength of the interests of individuals and the public as the key to justifying the remedies available in different areas of law. Understanding the normative guidance of particular legal rules reveals the strength of society's judgment of the interests at stake in different remedies. For example, the principle of consistency generally means that a legal doctrine applying an objective measure of one's interest must apply a like-kind measure to all interests considered, absent some explicit and justifiable basis for different formulations. …

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

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

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

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

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

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 …

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

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.

Vacatur Of Arbitration Awards: The Poor Loser Problem Or Loser Pays?, Stanley A. Leasure

University of Arkansas at Little Rock Law Review

In B. L. Harbert International, LLC. v. Hercules Steel Co., decided in February 2006, the Eleventh Circuit Court of Appeals took the opportunity to express its "exasperation" with the growing tendency of losing parties in arbitration disputes to take a "never-say-die attitude" in the pursuit of vacatur of arbitral decisions "without any real legal basis for doing so" and its concern for the concomitant threat to the underlying purposes of the Federal Arbitration Act (FAA).

Applying the Harbert "any real legal basis" requirement raises several concerns that can be assuaged only by courts' commitment to focus on balancing following two …

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

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

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

Nevada Supreme Court Summaries

No abstract provided.

Is There A Compelling Interest To Compel ? Examining Pre-Hearing Subpoenas Under The Federal Arbitration Act, Dean W. Sattler

Pace Law Review

No abstract provided.

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

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

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 …