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Dispute Resolution and Arbitration Commons™
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Articles 151 - 180 of 266
Full-Text Articles in Dispute Resolution and Arbitration
The Minimal Role Of Federalism And State Law In Arbitration, Edward Brunet
The Minimal Role Of Federalism And State Law In Arbitration, Edward Brunet
Nevada Law Journal
No abstract provided.
The Arrival Of The "Have-Nots" In International Arbitration, Catherine A. Rogers
The Arrival Of The "Have-Nots" In International Arbitration, Catherine A. Rogers
Nevada Law Journal
No abstract provided.
Preserving The Federal Arbitration Act By Reigning In Judicial Expansion And Mandatory Use, Maureen A. Weston
Preserving The Federal Arbitration Act By Reigning In Judicial Expansion And Mandatory Use, Maureen A. Weston
Nevada Law Journal
No abstract provided.
If You Love Arbitration, Set It Free: How "Mandatory" Undermines "Arbitration", David S. Schwartz
If You Love Arbitration, Set It Free: How "Mandatory" Undermines "Arbitration", David S. Schwartz
Nevada Law Journal
No abstract provided.
The Arbitration Penumbra: Arbitration Law And The Rapidly Changing Landscape Of Dispute Resolution, Thomas J. Stipanowich
The Arbitration Penumbra: Arbitration Law And The Rapidly Changing Landscape Of Dispute Resolution, Thomas J. Stipanowich
Nevada Law Journal
No abstract provided.
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 …
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.
Judging Judges And Dispute Resolution Processes, John Lande
Judging Judges And Dispute Resolution Processes, John Lande
Nevada Law Journal
No abstract provided.
Nobody's Perfect, Stephan Landsman
Mis(Understanding)Judging, Philip M. Pro
Misjudging: Implications For Dispute Resolution, Donna Shestowsky
Misjudging: Implications For Dispute Resolution, Donna Shestowsky
Nevada Law Journal
In the lead symposium article, Chris Guthrie describes recent research demonstrating empirically that judges, just like other people, are affected by cognitive, informational, and attitudinal blinders. He argues that these blinders promote inaccurate trial outcomes and, as a result, disputants might find trials less desirable for resolving disputes. In her response, Shestowsky argues that these findings might not affect disputants in the way that Guthrie supposes because disputants are not primarily guided by outcome accuracy considerations when evaluating dispute resolution procedures. Rather, when choosing procedures, they prefer ones that they expect to deliver outcomes that will advance their self-interests. When …
Evidentiary Wisdom And Blinders In Perspective: Thoughts On Misjudging, Elaine W. Shoben
Evidentiary Wisdom And Blinders In Perspective: Thoughts On Misjudging, Elaine W. Shoben
Nevada Law Journal
No abstract provided.
Keeping Arbitrations From Becoming Kangaroo Courts, Jeffrey W. Stempel
Keeping Arbitrations From Becoming Kangaroo Courts, Jeffrey W. Stempel
Scholarly Works
Arbitration has grown rapidly during the past 20 years. Particularly notable and problematic is the rapid onset of new or mass arbitration that has resulted from the judiciary's modern favorable attitude toward enforcement of arbitration clauses, even those imposed upon consumers, employees, small vendors, and debtors as part of a standardized contract of adhesion. In a separate article (See "Mandating Minimum Quality in Mass Arbitration," 76 U. Cin. L. Rev. (forthcoming 2007)), I present a more comprehensive list of what I regard as the necessary steps that must be taken to insure minimally acceptable quality and fairness in mass arbitration. …
Introduction: Dreaming About Arbitration Reform, Jean R. Sternlight
Introduction: Dreaming About Arbitration Reform, Jean R. Sternlight
Scholarly Works
This is an introduction to articles submitted as part of the Saltman Center for Dispute Resolution’s Symposium, Rethinking the Federal Arbitration Act: An Examination of Whether and How the Statute Should be Amended. The panelist’s remarks are divided into five categories: whether and when arbitration agreements ought to be enforceable, how responsibilities and legal issues should be divided among arbitrators and courts, terms under which courts should be able to vacate arbitral awards, multi-jurisdictional issues brought into play by the Federal Arbitration Act and its interpretation, and the FAA through a wide-angle lens rather than focusing on particular narrow aspects …
In Defense Of Mandatory Arbitration (If Imposed On The Company), Jean R. Sternlight
In Defense Of Mandatory Arbitration (If Imposed On The Company), Jean R. Sternlight
Scholarly Works
Having spent much of her academic life battling companies' mandatory imposition of binding arbitration on consumers and employees, the author now switches gears. This Article contemplates whether mandatory binding arbitration is acceptable if imposed by the government on companies (governmental mandatory arbitration) rather than by companies on their employees and consumers (private mandatory arbitration). Specifically, the Article considers the possibility of statutes that would provide little guys (consumers and employees) with an opportunity to take their disputes to binding arbitration rather than litigation. If the little guys chose arbitration over litigation, post-dispute, companies would have to agree to such arbitration, …
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.
The Importance Of Using Alternative Dispute Resolution Techniques And Processes In The Ethical And Informed Representation Of Children, Kelly Browe Olson
The Importance Of Using Alternative Dispute Resolution Techniques And Processes In The Ethical And Informed Representation Of Children, Kelly Browe Olson
Nevada Law Journal
No abstract provided.
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 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 …
Resolving Civilian-Police Complaints In New York City: Reflections On Mediation In The Real World, Raymond W. Patterson
Resolving Civilian-Police Complaints In New York City: Reflections On Mediation In The Real World, Raymond W. Patterson
Scholarly Works
The Civilian Complaint Review Board mediation program associated with the New York City Police Department appears to be an attractive alternative to the investigative process offered to complainants, offering the possibility of a higher level of satisfaction for both the civilian and the police officer. According to the scheme devised by the agency and the NYPD, cases that meet mediation guidelines should move smoothly from investigations through the approval process, coming to a scheduled mediation in a timely manner. Complaints containing some factor making them inappropriate for mediation should be able to be identified during that approval process, thus ensuring …