Tuesday, July 31, 2012

You Got Served

So we had a little dispute break out yesterday in the comments about Judge Israel's injunction to stop constables from "border-jumping" to other jurisdictions to serve legal papers.  Apparently Laughlin and Henderson Contables have been hoofing it to Las Vegas proper to serve papers and Constable Bonaventura has been upset by this.

This is his "upset face"

After the Legislative Counsel Bureau issued a legislative opinion to the same effect, Judge Israel followed suit by issuing an injunction that amounted to "stay off my lawn."  According to Judge Israel, the entire issue turns on the extent of power granted to peace officers.  Unlike traditional police officers, who have police authority in any jurisdiction in the state, Judge Israel concluded that constables only have authority as peace officers in the jurisdiction in which they are elected.

So let it be written


Here's a link to the statute as well.

Ok, so what do you think?  Should constables stay in their own backyard or should they have authority to cross township borders?  Sound off in the comments...and try to play nice.

a_a

Monday, July 30, 2012

Zombie Bullet Train

So today's post is either the reanimation of an old project that could forever change Las Vegas...or it is an undead horror intent on devouring billions of dollars for years to come.

it's a microcosm of how Vegas is to the rest of the world


That's right, the Vegas Bullet Train, now called XpressWest, is waiting to hear word on whether it will receive a $5.5 billion loan from the federal government to build the bullet train from here to Palmdale.  The first leg will run to Victorville with trains expected to start running by 2018.

Palmdale! It has industry...and agriculture...and...zzzzzzzz


So what's your take?  Is this finally the time for the bullet train?  Or is this just another doomed attempt at something completely unrealistic.  You know, like flying cars and no hidden fees.

a_a

Friday, July 27, 2012

Friday Open Thread - Hackers Are In Town

Hide yo kids, Hide yo wives, Hide yo computers and smartphones.  The Hackers are in town.

All hackers really look this cool...and early 90s
While the picture above is a 100% accurate representation of what hackers look like and shows how free-spirited and independent they are, it appears they also love conventions.  And Las Vegas.  This weekend brings 10,000+ hackers into town for the DefCon Convention.

I swear this is the image on their own website

So yeah, that should be fun.  Watch out for those RFID scanners.  Anyway, what else is new?  Anything interesting happening at the RJC?  What's been going on with the City Center case?  Throw us some details in the comments.

a_a

Thursday, July 26, 2012

Bar Exam - PLAY FREEBIRD!!!!

Sing it with me bar-takers!  "FOR I'M AS FREE AS A BIRD NOW!"

My big problem was the Intentional Torts question

 You've made it.  Go forth and perilously await your results.  Ask any lawyer and they will tell you that the studying and sitting for the bar exam is the most absurd and arduous thing a lawyer does until their first 20,000+ doc review assignment.

Just start thinking in 6-minute increments...like an evil Memento


But for now, don't worry about that.  For now, you have finished the marathon summer of trying to keep all those crazy mnemonic devices and completely useless "black-letter law" recitations in your head.  Take the rest of the week off.  We'll check back in a couple months to see how you all did.

BUT that's not always what happens.  Sometimes people lose it or things go crazy.  So before you go, anyone hear of anything crazy going down at the exam?  Other states had their fair share, with bizarre seizures and power outages.  The power outage sounds brutal since that meant no air conditioning in July in North Carolina.

So did anything happen here?  And what about the rest of you?  Anyone have any meltdown stories?

a_a

Tuesday, July 24, 2012

Bar Prep - This Too Shall Pass...or Fail

It's the first day of the bar exam, and unless something crazy happens (or one of you tipsters hooks us up with some dirt from the RJC or Foley Building), we're probably gonna keep talking about the bar.  That said, this morning will also have a nice real-life bar exam question. BUT FIRST...

My study group had a mantra, "Though I walk through the valley of the shadow of death, I shall fear no exam, for thou art Bar/Bri."  Yeah, I was one of the sheep.  I used Bar/Bri.  I took the bar with a computer.  I tried to memorize every obnoxious trick out there to shave seconds of the MBE and find shortcuts for issue spotting.

Armadillos From Texas Play Rap, Eating Tacos

An issue that has emerged in recent years is whether these programs have become so insulated that now it's almost unheard of to do anything other than a Bar/Bri or Kaplan prep program.  From the perspective of most would-be lawyers (and many attorneys and law professors) it is considered irresponsible to try to study any other way and keep the $3 grand in your pocket.  What do you think?  Are bar prep courses really the "4L" in the quest to become a licensed attorney?  And how about anyone out there who managed to try the bar without a prep course.  Shares your triumphs (and regrets) in the comments.

OKAY.  I promised you a practice question.  While the bar exam varies from year to year, one thing that is on every exam is professional responsibility.  So, here's your fact pattern.

Let's say you were receiving large checks for legal fees.  And let's say you were putting those checks into your personal account instead of your trust account.  Then, perhaps you were to fail to provide information to your accountant for income to the tune of $900,000 that is not reported to the IRS.  And you do this for five years.  Please outline all potential consequences for this behavior.  When you're done, you can view the model answer here.

Here's a hint:
Do Not Pass Go, Do Not Collect $200

a_a

Monday, July 23, 2012

Bar Week

And so it begins, the beginning of the end of the worst summer of most would-be lawyers' lives.

this is false, since sitting for the bar already make you unlucky

While most states engage in torture that is either 2 or 3 days long, Nevada is unique in its 2 1/2 day experience.  We generally view the last half day for what it is - an extra little "fuck you" from those in charge.

Then will come the waiting.  The arduous waiting.  As was once relayed to me, waiting for two months to get your results is kind of like having a band-aid taken off very, veeeerrrrry slowly.  Yeah, the wound is healed, but do you really need to drag this last part out?

In Nevada, roughly 2/3 of takers pass the exam in the summer.  That means 1/3 get to explain to their bosses why they can be valuable contributors until the February exam (read: beg to keep their jobs).

Because it's not just a test of your legal knowledge. It's a test of your value as a human being.


Anyway, in honor of this holiest of weeks, let's start off with some fun/horrible/nauseating/tramautic bar exam stories.  Anyone have anything good?

Friday, July 20, 2012

Friday Morning Links - Open Thread

Hello everyone.  It's been a rough 24 hours in the region.

  • A metaphorical tragedy in the making, as Vegas will get its own "Say Yes to the Dress" spin-off
  • The Harmon hotel tower is going to come down after Judge Gonzalez's order (and the inevitable appeal). (via Las Vegas Sun, thanks to our comment tipster for the heads-up on this)
That's all the humor for the morning, now the tragic part:
  • A gunman killed 12 and injured at least 50 at a midnight screening of Dark Knight Rises near Denver, Colorado.  No joke here, this is all-around horrible. (via Los Angeles Times)
So the morning links also coincide with the Friday Open Thread.  What's happening out there?  Any thoughts on the Colorado shooting?  Do you think this will spark gun-control debates since its an election year?  What about the Harmon tower?  Not sure how they're going to implode a building that is within 20 feet of the Strip instead of 100 yards back like most casinos that have been dropped over the years.

a_a

Thursday, July 19, 2012

Afternoon Delight - Charter Airline Pilots, Reporting for Combat Duty and Punative Damages

Back in 2010, the a jury in the US District Court awarded a bunch of airline pilots from Las Vegas-based Vision Airlines actual damages of more than $5 million for "hazard pay" they had not received since the crews had been used in 2005 as an "air bridge" to bring supplies through active war zones in Baghdad and Kabul.

and then suddenly you become a combat pilot


This makes perfect sense, since there were wars going on, and wars tend to be hazardous.  The big deal in the initial trial was that the Court shouted down any claims for punitive damages.  Sooooo, they took it to the Ninth Circuit, whose decision came down Wednesday with Judge Goodwin reversing the District Court, saying the airline crews were entitled to seek punitive damages and the District Court needed to proceed with a punitive damages phase.  So there may be another $15 million or so in damages coming down.

Come on tipsters, does anyone have an inside track on this case?  What's going on?

a_a

Thursday Post-Morning Links - Sorry, but Rockers and Tiger and Batman, oh my!

Sorry I missed the morning.  Sometimes there's work that tells me it doesn't like any of you readers and wants to screw with your blogtime.

  • Holy Ridiculous Revenue, Batman!  If you haven't bought tickets yet, good for you.  If you have, you were probably part of the record $25 million in ticket presales.  Don't worry, no spoilers - just numbers. (via The Hollywood Reporter)
  • Tiger has 8-1 odds at the sports book as the favorite to win the Open Championship.  Don't tell the leaderboard. (via SB Nation)
  • The Who are coming back to Vegas in February!!!  Odds that Roger Daltrey and Pete Townshend will be alive then are not yet available.  Neither are tickets, which don't go on sale until the end of July. (via Fox 5 News)
  • Looks like Las Vegas will be acquiring a new area code in the next year.  Call me maybe? (via 13 Action News)
  • After declaring a fiscal emergency, looks like the North Las Vegas City Council is at least taking it a little serious.  They just passed ordinances to stop automatic cost-of-living increases for the mayor, municipal judges, and the city council.  (via Las Vegas Review-Journal)

Don't worry, we'll still have afternoon delight coming.

a_a

Wednesday, July 18, 2012

Afternoon Delight - The Manchurian Prostitution Ring

I know we posted an Adelson story this week already, but this one is just too tempting to pass up.

Macau...or Atlantic City


For those of you who need a brief primer, Steven Jacobs, who ran Sands China Ltd. in Macau, was fired by Adelson because he was.  Jacobs claims he was wrongfully fired because most people who get fired claim that.  Nothing special yet.  Here's where it gets interesting.  In an affidavit filed a few weeks ago, Jacobs made a point to inform the Court that Adelson had personally approved a "prostitution strategy" to improve overall gaming revenue.  Jacobs also accused Adelson and Sands of using illegal workers in Macau and cow-towing to organized crime in Macau.  Adelson's people have swung back, filing a response that Jacobs' accusations are totally false.  As for commentary, the attorneys in this case are sticking with "the documents speak for themselves" approach

this picture also speaks for itself


The lawsuit is a nice head-to-head of heavy hitters in Las Vegas, with James Pisanelli representing Jacobs and Stephen Peek representing Sands.  Judge Gonzalez is overseeing this crazy case, so that should be fun.  Unfortunately for the rest of us, it looks like Pisanelli and Peek are keeping quiet to the press, so if anyone has some tips on how the hearings are going, we'd love to hear from you.

especially when they start entering photos into evidence


a_a

Wednesday Morning Links - Hump Day...and gun runners

Good (just barely) morning.  Sorry I'm late, Wednesdays feel like purgatory anyway.  Speaking of prison, links:

  • A former Navy SEAL got almost 20 years for trying to act like Nicholas Cage from Lord of War.  The lawyer was claiming the SEAL has PTSD and that's why he was entering the field of gun-running. (via CBS News)
  • Pimps be on the lookout!  Vegas has recently cracked down with harsh sentences for prostitution when sentencing pimps.  The latest example received 3 life sentences (concurrent), with one conviction being life without parole.  (via 8 News Now)
  • Nelson Mandela turned 94 yesterday.  I know that's not really "news" since he's in Africa and we're in purgatory, but it fits with the prison theme, plus there's a great photo of Mandela and former President Clinton. (via CBS News)
at least one of these men is also a pimp

a_a

Tuesday, July 17, 2012

Afternoon Delight - Pet Peeves on the Strip

If you were to ask me my least favorite thing about the Strip, I would probably be able to give you a fairly long list of awful.  One thing that near the top of the list would be the "card slappers" handing out pictures of more or less naked women apparently available straight to my room.

This guy...don't be this guy


If you're like me and you hate these people, you are in luck.  The Clark County commissioners are actively considering a bill that will put the hurt on these guys and their litter-causing, card-slapping ways.

The proposed ordinance requires street peddlers to pick up any littered cards within 50 feet of their location.  How will this be enforced?  Nobody really knows.  The ACLU hates it, but they hate everything.  Property owners love it, but that's not surprising.  I would tell you what the card slappers think but I can't get close enough to them to ask without getting smack in the face with a bunch of porn cards.

Anyway, it raises a fun question.  What do you hate most about the strip?  Sound off in the comments.  My personal vote is for the club promoters that get really pushy with those wristbands and "free passes" around 9 pm.

a_a

Tuesday Morning Links - Lies, Damned Lies, and Sheldon Adelson

Today's links are brought to you by that pair of fake ray bans you bought on your senior trip.


  • The still unofficial Republican Presidential Nominee, Mitt Romney, brought his campaign bus to Las Vegas yesterday to court the Hispanic vote.  The former governor was not actually on the bus, as he was on his other campaign bus in Pennsylvania.  I don't understand politicians either. (via Las Vegas Review-Journal
  • The NBA summer league continues to bring match-ups like the "Miami Heat" vs. the "Los Angeles Lakers."  The quotes exist since neither Lebron James nor Kobe Bryant are playing.  Since most of the NBA other stars are also sitting out these games, it is apparently wreaking havoc with the betting lines. (via Las Vegas Review-Journal)
  • Jury selection continues for the criminal case stemming from a gang fight outside a Vegas wedding chapel between members of the Hell's Angels and the Mongols.  Apparently everyone is claiming self-defense.  On a related note, lawyers should form gangs.  Any ideas for names? (via Washington Post)
  • North Las Vegas has declared a state of fiscal emergency, which apparently does not legally mean insolvent or broke.  But it does mean legally the city can suspend union agreements. (via Fox News)
  • And finally, Sheldon Adelson is being investigated for allegedly doing bad things again.  This time the investigation centers on potential violations of the Foreign Corrupt Practices Act, the third-coolest name for an act after (2) the Federal CAN-SPAM Act, and (1) the Regulate Marijuana Like Alcohol Act.

a_a

Monday, July 16, 2012

Afternoon Delight - Family Law Drama Returns


Hey, remember that one time a judge and a prosecutor were "romantically involved" and people all agreed that was probably a bad thing?

artist's approximation of the former couple
Believe it or not, Judge Jones and former prosecutor Lisa Willardson are back at it again, just not the way you think.  While we were all enthralled last week with the reboot of Spiderman, apparently news surfaced that Lisa Willardson has applied for a job as a hearing master for child welfare cases, a position "just underneath" Judge Jones.

For the record, Judge Jones has explained he does not think their former relationship will be a problem in the hiring process and does not believe he needs to recuse himself from the selection panel.

Judge Jones?*


8 News Now has the whole scoop on this continuing Real World saga in family court.

- a_a

*probably not Judge Jones

Monday Morning Links - Is It Still Monday In Macau?

It's Monday, and that generally sucks because Monday.  But, there are links to be had:

  • Did you hear the one about the Florida dad who got 6 months for contempt after he used Nevada family law to marry off his 16-year-old son and give his ex-wife the finger?  No? Well, now you have. (via ABC News)
  • What would you say if I told you I had a Vegas-based LLC with a foolproof investment plan that would earn monthly returns of 20%?  What's that, you say?  You'd call it a Ponzi scheme? (via Forbes)
  • Apparently if you do a story on casinos in Macau, you are legally obligated to include a "betting heavily" metaphor. (via Investors Business Daily)
  • Sooooooo, escaped chimps are less fun than a barrel full of monkeys...well, technically a double-barrel full, but that's the sad part. (via Reuters)
  • Henderson wants to build a giant sports complex.  Alright, we need to pick a nickname.  After seeing the artist's renderings, my vote is "the Maxipad." (via Las Vegas Sun)
So, how was your weekend?

- a_a

Friday, July 13, 2012

5 TV Lawyers Who Only Make It Worse For Us.


With the recent passing of Andy Griffith - the one and only Matlock - I am reminded that no matter how entertaining or beloved a fictional lawyer may be, they are all absolutely horrible.




Whether it's absurdly stupid young lawyers like in The Deep End and Raising the Bar, counsel completely overburdened with their own personal drama like in Ally McBeal and The Practice, or just procedurally impossible super-attorneys like in Perry Mason and the aforementioned Matlock, the entire genre of law shows is littered with nothing but bad lawyers.  Given the sterling reputation that lawyers already enjoy in the community-at-large, these TV lawyers only make things worse.  However, most people know that these lawyers are definitely nothing like real lawyers.  They were obvious caricatures around "playing lawyers" and people knew it.  But there are other TV lawyers that appear to have be created by writers who thought Night Court was a documentary.  Here are the 5 TV lawyers I wish were real people just so I could take comfort in knowing they would die someday.



More after the jump.

Friday Open Thread - Aggravated Associate Edition!

Happy Friday the 13th, everyone! 

Please give a warm welcome to LVLB's newest contributor, the Aggravated Associate. 

Hopefully, the Associate will be able to amuse you when I can't find anything interesting to post about except lawsuits involving Justin Bieber.

What else is going on out there?




  

Friday, July 6, 2012

Friday Open Thread!

TGIF, everyone - especially to those of you who actually had to come back and finish out the week after the holiday.

So, I heard an interesting rumor yesterday at the RJC.  As I was passing through security, one of the guards mentioned that it had been an especially eventful morning - apparently five-or-so attorneys were escorted out of the RJC earlier that morning for some kind of misconduct?  Does anyone have the details on this gossip?

What else is going on out there?