Dispute Resolution and Arbitration Commons^™

Summary Of Lytle V. Rosemere Estate Prop. Owners, 129 Nev. Adv. Op. 98, Allison Vitangeli

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether an NRCP 59(e) motion to alter or amend may be properly directed at a post-judgment order or whether that rule is limited to final judgments; and (2) whether NRAP 4(a)(4) tolling applied to the appellants’ NRCP 59(e) motion.

Forced Arbitration Undermines Enforcement Of Federal Laws By Suppressing Consumers' And Employees' Ability To Bring Claims, Jean R. Sternlight

Congressional Testimony

Testimony of Professor Jean R. Sternlight to the Senate Judiciary Committee, arguing for the passage of the Arbitration Fairness Act of 2013.

Summary Of Mcknight Family, Llp V. Adept Mgmt. Services, Inc., Et. Al., 129 Nev. Adv. Op. 64, Whitney E. Short

Nevada Supreme Court Summaries

The Court determined three issues: (1) whether the district court had the authority to dismiss the complaint pursuant to NRS 38.310;2 (2) whether the district court erred in dismissing all seven claims (preliminary/permanent injunction, negligence, breach of contract, violation of NAC 116.300,3 violation of NAC 116.341,4 violation of NRS 116.1113 and 116.3103, and slander of title/wrongful foreclosure/quiet title) subject to NRS 38.310; and (3) whether the district court erred in setting aside the default judgment against Design 3.2.

Summary Of Wells Fargo Bank, N.A. V. O’Brien, 129 Nev. Adv. Op. 71, Patrick Opdyke

Nevada Supreme Court Summaries

The Court determined whether a district court order for judicial review of foreclosure mediation and remanding for further mediation is final and appealable, or whether it is not final and not appealable.

Summary Of Sylver V. Regents Bank, N.A., 129 Nev. Adv. Op. 30, Kelli Michelle Devaney

Nevada Supreme Court Summaries

Consolidated appeals from a district court order confirming an arbitration award and an amended judgment and order of sale, in which the Court considered two issues: (1) whether an arbitration awards was obtained through undue means and (2) whether the arbitrator’s refusal to void a loan in the underlying dispute constituted a manifest disregard for the law.

Summary Of I. Cox Construction Co. V. Ch2 Investments, 129 Nev. Adv. Op. 14, Katelyn M. Franklin

Nevada Supreme Court Summaries

The Court considered I. Cox Construction Company, LLC’s (Cox) appeal from a district court’s order releasing Cox’s mechanic’s lien. Cox challenged the district court’s finding that the lien was untimely as clearly erroneous, arguing (1) the court should not have considered the timeliness of the lien in light of parties’ failure to raise the issue in pleadings; and (2) the district court incorrectly relied on Vaughn Materials v. Meadowvale Homes to find the lien untimely.

Adr's Place In Foreclosure: Remedying The Flaws Of A Securitized Housing Market, Lydia Nussbaum

Scholarly Works

Millions of Americans lost their homes during the foreclosure crisis, an unprecedented disaster still plaguing local and national economies. A primary factor contributing to the crisis has been the failure of conventional foreclosure procedures to account for the new realities of securitization and the secondary mortgage market, which transformed the traditional borrower-lender relationship. To compensate for the shortcomings of conventional foreclosure procedures and stem the tide of residential foreclosure, state and local governments turned to ADR processes for a solution. Some foreclosure ADR programs, however, have greater potential to avoid foreclosures than others. This Article comprehensively examines the key components …

Live Free Or Regulate: Considering A, B And Their Dispute Resolution Clause Regarding Blackacre, Jean R. Sternlight

Scholarly Works

No abstract provided.

What's Left To Remedy Wage Theft? How Arbitration Mandates That Bar Class Actions Impact Low-Wage Workers, Nantiya Ruan

Scholarly Works

For low-wage workers who suffer “wage theft” – employers illegally withholding portions of their wages – the dollars missing from their paychecks violate existing law and significantly impact the well-being of individuals, families, and communities. Despite this dire societal problem, the Supreme Court continues “closing the courtroom doors” in two ways: allowing employers to force workers out of court and into private arbitration; and prohibiting aggregate claims. Such trends, in combination, silence wage theft, leaving many claims unheard while unscrupulous employers gain direct advantage.

This Article explains how various procedural rulings have combined to prevent meaningful redress for wage theft. …