Thursday, September 15, 2016

Never Change


  • A judge ruled that the energy rate increase for rooftop solar customers followed an unlawful procedure. [Las Vegas Sun]
  • Today's the day the SNTIC may vote on the stadium proposals. [RJ]
  • UNLV to spend $50,000 to update Hey Reb! [KNPR]
  • What you need to know about changes to discovery reports and recommendations submitted to the discovery commissioner. [eighthjdcourt blog]
  • Binding versus persuasive authority. [Compelling Discovery]

11 comments:

  1. Don't worry, Sheldon, Wayne Newton might fill the gap in financing. That's right, Mr. Las Vegas himself, who manages his own finances so poorly he had to sell his home to amusement park developers, thinks a stadium would be great for Vegas.

    http://www.fox5vegas.com/story/33099079/wayne-newton-interested-in-las-vegas-nfl-investment

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  2. Anyone who thinks or argues that one district court decision is binding on another district court in a different case should go back to law school for another three years.

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    1. Well, since the NSC puts out so damnably few opinions, the majority of arguments boils down to "Hey, look what other courts have done. Get on the damn bandwagon." Not all, certainly, but most.

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    2. If I can't find NSC opinions, I will go to Federal (appeals) court or other State Supreme Courts before I go to another trial court. That's the order of persuasive totem poll I've learned in my clerking years at the court.

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    3. 10:08 is right IMO. Just from experience other trial courts don't even count as persuasive. Some judges are straight offended by the notion that the judge next door may be correct about something.

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    4. That is absolutely contrary to my experience. Citing Federal District Court decisions on issues particularly related to insurance coverage is fairly common in this practice area. Other state's insurance laws all differ in many ways, particularly with respect to NRS 686A.310-derived causes of action. While controlling authority is always preferred, it is not uncommon to cite to certain district court decisions. Check out just how often this happens when looking up Schumacher or Pioneer Chlor Alkali, for example.

      Of course it isn't binding, but I will throw down a Fed district court of NV decision that is actually on point well before I cite to something out of Washington state.

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    5. 12:43, this is 10:08. When I said "Federal (appeals) court" I meant it as Federal Appeals Court first, then Fed District Court. Like you said, it depends on the issue as well. Some issues are more well suited for federal reliance whereas others are better off if relied on CA or AZ/UT Courts.

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  3. Gonzalez was selected as the new chief judge for the 8th JD. Does anyone know the vote or how Villani is handling the defeat? http://news3lv.com/news/local/judge-gonzalez-named-chief-judge-of-8th-district-court

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  4. Villani didn't want the position.

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    1. Then why did he run for it and actively campaign for it?

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    2. Betsy has been Chief of Civil for a while and Herndon is Chief of Crim, Herndon wanted nothing to do with it. It was my understanding it was always her job if she wanted it.

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