Wednesday, November 26, 2014

Happy Thanksgiving 2014


  • Washoe County Judge Scott Freeman indicated he would be issuing a preliminary injunction preventing Uber from operating in Nevada because he's not willing to put the public safety at risk. [RJ; 8NewsNow]
  • Some smart turkeys have taken up residence in Nevada's Great Basin National Park keeping them safe from ending up on your table tomorrow. [8NewsNow]
We know some of the more fortunate among you have at least part of today off and we hope that all of you have the next two days off was well. Please remember to be smart and don't drink and drive. We'll see you back here next week. Have a safe and happy Thanksgiving!

Tuesday, November 25, 2014

Uber Analyzed


  • Congratulations to Michael Lowry, whose Compelling Discovery blog made the ABA's 8th Annual Blawg 100
  • A three justice panel of the Supreme Court of Nevada decided that Washoe County is the proper jurisdiction for the Uber dispute to be heard. The majority opinion, signed by Justices Hardesty and Douglas, concludes that the first-to-file rule triggering jurisdiction stems from the filing of the complaint, not from the filing of something like an application for TRO. Here, the application for TRO was filed first in Clark County and then in Washoe County, but an actual complaint was filed first in Washoe. The majority opinion also took umbrage at the suggestion that the Nevada Taxicab Authority was engaged in forum shopping, because despite the NTA's "inept effort to commence its case," the suggestion of forum shopping "impunes [sic] the neutrality of the three district court judges involved..." (Rare to see such an obvious spelling error and logical lacuna in the same sentence.) Justice Cherry dissented for two reasons:  first, he thought this should have been decided by the Court en banc; and second, he disagreed that the first-to-file rule is triggered only by the filing of the complaint. You can read the opinion here. What do you think? Did the court get it right?

Monday, November 24, 2014

Let That Be A Lesson


  • An ad run in the RJ for Judge Doug Smith just days before the election included supposed endorsements for five state agencies that don't even do endorsements. Of course, Judge Smith has never seen the ad and his campaign manager Tom Letizia couldn't remember all of Smith's endorsements off the top of his head. [RJ]
  • Has there been so much media coverage on the HOA scandal to warrant moving the trial out of Las Vegas? [RJ]
  • Will the Supreme Court of Nevada issue a ruling on jurisdiction in the Uber case today? (It is case number 66875 for those of you interested in seeing the briefing.) [8NewsNow]
  • Here's a reminder to be careful of what you write/post online, it could come back to haunt you later as it is for Ira Hansen, the Nevada Assembly speaker who just stepped down. [Las Vegas Sun]

Friday, November 21, 2014

Great Expectations 2014

It's the Friday before Thanksgiving and there are only 33 more days until Christmas which means it's time to start thinking about bonuses. Do you already know what (if anything) you'll be getting for a bonus this year? Is your firm more of the penny-pinching pre-Christmas Ebenezer Scrooge who won't even give you a day off or more of the generous Christmas Day Scrooge who offers to buy you the largest turkey in the window?

Let us know below what you're expecting this year and we'll check back later to see if you were right.

What are your expectations for a bonus this year?


Thursday, November 20, 2014

While You Were Sleeping


  • Surprise! An investigation into Metro's air unit by the District Attorney's office results in a finding the claims brought by "whistleblowers" were without merit. Link includes the report by District Attorney Steven B. Wolfson and Chief Deputy District Attorney Jessica A. Walsh. [RJ]
  • Attorney/notary Stephen "Bowtie" Stubbs is making headlines again--this time over allegations of a forged signature that he notarized. Assisting Metro with its investigation is Stubbs' client who was in trouble for driving while on hydrocodone. [RJ]
  • Here's an editorial on elected judges taking campaign contributions and then immediately applying for a new job. (And it has a picture that is NOT Susan Johnson.) [Las Vegas Tribune]
  • The Supreme Court of Nevada is fast-tracking the Uber jurisdiction dispute. [Las Vegas Sun]
  • Although medical marijuana will soon be sold legally here, Veteran Affairs doctors will not be prescribing it since federal laws still classify it as an illegal substance. [8NewsNow]
  • Clark County Family Court is celebrating its 20th anniversary this week. [8thJDCourt blog]

Wednesday, November 19, 2014

Miss Congeniality


  • Who wants to be a justice of the peace in Las Vegas Justice Court Department 6? (Open because Judge Kephart is moving to district court.) It is a two year appointment and being such, you don't even have to live in Las Vegas to get the job. The only caveat is that they're not revealing who applies until after the deadline closes. Apply within.
  • President Obama is coming to town on Friday. The internet is abuzz with speculation that Del Sol High School will be the site of the signing of an executive order for immigration amnesty. [RJ; Washington PostCNBC]
  • Construction defect "Sweeps" hearings are underway. A tipster informs us that there are two new dirt court judges:  Judge Jerry Wiese and Judge Joanna Kishner. One to replace Judge Earl and one to replace....Judge Johnson???
  • University of Arizona dean Len Jessup has been announced as the new president of UNLV. Does this mean changes for Boyd? [Fox5Vegas]

Tuesday, November 18, 2014

The Net


  • Thanks to inartful lawyering, as admitted by Senior Deputy Attorney General Kimberly Arguello, the Uber case is a mess. The State says it withdrew its motion in Clark County after Judge Freeman in Washoe County said he had jurisdiction. Judge Herndon disagrees and suggested the AG's office is forum shopping. Now things are on hold while they wait for the Supreme Court to weigh in. [RJ; Fox5Vegas]
  • More cops is back. [Las Vegas Sun]
  • With just under two months left before his position disappears into oblivion, Las Vegas Township Constable John Bonaventura is facing another federal lawsuit. [RJ]
  • As reported earlier this year, Nevada leads the nation in wire taps.  The I-Team takes a look at why and asks Dominic Gentile for his input. [8NewsNow I-Team]

Monday, November 17, 2014

The Blind Side


  • "Super-sealing" in federal court is now called "special processing," but otherwise has not changed. [RJ]
  • The Nevada Supreme Court will hold a public hearing on December 4 to discuss the rule that will decide what cases are automatically pushed down to the new Court of Appeals. [RJ]
  • The Uber battle is back in court this morning. [RGJ]
  • The Court of Appeals application packages are up and ready for your prying eyes. Let us know if you find anything interesting. 

Friday, November 14, 2014

Forces of Nature


  • Originally scheduled for today, it will now be Monday when Judge Herndon will hear argument to decide whether a preliminary injunction should be issued against Uber. [Las Vegas Sun]
  • The Clark County Detention Center currently houses about 300 more individuals than it was built to hold. [Fox5Vegas]
  • Tomorrow open enrollment begins for this year on the Nevada health insurance exchange. [8NewsNow]
  • Props to the people who put together this month's Nevada Lawyer which actually has relevant articles. Among the interesting things in this issue, beyond the hot topics articles, the civility survey revealed that more than half of the respondents think civility has stayed about the same in the past five years and we see a few familiar names in the bar counsel report, including one former news-maker who was transferred to disability inactive status as a result of major depressive order. We wish him the best and hope he gets the help he needs. This is as good of time as any to remind you about one of our favorite programs offered by the state bar:  Lawyers Concerned for Lawyers.
Confidential help from a fellow lawyer is a phone call away
Toll Free: 866-828-0022
or
702-889-9404
Mitch Cobeaga, LCL Coordinator
If you, or any lawyer in Nevada, are in need of confidential assistance with an alcohol, drug, depression, stress or gambling problem, help is readily available through the LCL Hotline.When calling, leave your first name and telephone number. A fellow lawyer, who has also had problems, will call you back. You'll be listened to with an understanding heart rather than scorn, judgment and condemnation. You can talk frankly. The person returning your call is solving problems just like yours, and is living happily and usefully doing so.

Thursday, November 13, 2014

Hope Floats


  • A total of 36 applications for the 3 positions on the Court of Appeals were received by the deadline yesterday. Applicants include attorneys from all over the state, as well as judges both currently on the bench and retired. As some of you already noted in the comments, superficially, it's pretty easy to narrow the list down to the real contenders for each slot. What do you think about the number of applications for these three slots and the quality of applicants? Is this a good sign that if we could get the voters to accept an appointment/retention system for judges, we'd get better people on the bench? [RJ]
  • NBA star Blake Griffin is facing a misdemeanor battery charge in Las Vegas and has a hearing set for December 8. [Fox5Vegas]
  • In what is sure to be an exciting development for attorneys practicing in the criminal courts, Metro has begun using body cams. [Fox5Vegas]
  • Petitions were turned in to require the 2015 legislature to consider recreational marijuana. [8NewsNow]
  • Also turned in, were signatures for a gun background check. [KNPR News]