Tuesday, September 18, 2018

Will You Be The One?

Are you a volunteer? Why not?

Monday, September 17, 2018

Puff Puff Crash


  • The DA's office is filing 2nd degree murder charges for a woman who was DUI with marijuana in her system and who caused an accident that killed an 8-year old boy. [LasVegasNow]
  • In another incident a driver who struck two jaywalking pedestrians admitted to having smoked marijuana before the accident. [LasVegasNow]
  • People are ending up in deportation hearings for traffic tickets alone. [TNI]
  • Here's a puff piece on healthcare lawyer Ayesha Mehdi. [Vegas Inc.]
  • Want to search every campaign contribution made to AG candidates Aaron Ford and Wes Duncan? [TNI]
  • There are 11 applicants for appointment to the open family court position--some familiar faces and some new names. [NVCourts]

Friday, September 14, 2018

Job Tips: Futureproof

One of our readers has a simple question that probably does not have a simple answer, but we will pose it to you anyway:  What areas of law do you think are futureproof?  Is there such a thing? 

Thursday, September 13, 2018

A Sham


  • Robert Eglet calls MGM's $500 charity offer in exchange for accepting service "a sham." [Fox5Vegas]
  • Not Nevada specific, but check out this $250 million settlement by State Farm regarding a class action against it for creating a fund to support a judge that later turned over a billion dollar judgment against the company. [ABA Journal]
  • Are you interested in being a magistrate judge? The Judicial Conference of the United States has authorized the appointment of two full-time United States magistrate judges for the District of Nevada to be located in Las Vegas, Nevada. The current annual salary of the position is $191,360. The term of office is eight years. A full public notice for the two magistrate judge positions and an application form is available on the Court’s website (www.nvd.uscourts.gov). Applications must be received by 4:00 p.m. on Friday, November 30, 2018. Questions can be directed to the Clerk of Court at 702-464-5456.

Wednesday, September 12, 2018

The Captain Morgan Pose


  • Remember how MGM was suing victims of the October 1 shooting. Now, they're trying to convince the people they sued to accept service in exchange for a $500 contribution to charity? Good or bad strategy--what do you think? [CBSNews]
  • Remember that lawsuit against the Oregon State Bar that some of you were discussing the other day--here is a copy of the complaint.
  • A summary of the findings into the Phil Kohn sexual harassment investigation has been made public. [RJ]
  • AG/gubernatorial candidate Adam Laxalt racked up 8 traffic tickets in a 10 year period--and just paid off a 15-year old ticket last month. [TNI]
  • The immigrant mom who was being detained in Henderson could be reunited with her daughter this week. [TNI]
  • Just a few weeks until the new law on ignition locks for DUIs goes into effect. [LasVegasNow]

Tuesday, September 11, 2018

Constructive Criticism

There has been a rash of petty, negative, non-constructive criticism, politicking and baiting on here recently.  We suspect that the vast majority of these comments come from just one or two vocal individuals with an ulterior motive, but in any event, and as we've explained previously, that's not the purpose of this blog.  We've removed some of the more egregious examples of these type of comments, but we don't have the time nor the desire to police all these comments real-time.  So, we've shut the comments down on these last two posts, at least for now.  We'll try this again tomorrow.  We apologize to the vast majority of you, who are non-violators.

17 Years Later


  • The Supreme Court says the name of the execution doctor stays secret. [ABC News]
  • The man who sold ammo to the October 1 shooter pleaded not guilty. [LasVegasNow]
  • Never forget. Where were you that Tuesday morning 17 years ago? [Las Vegas Sun]

Monday, September 10, 2018

The Longest Yard


  • Guardianship abuse is the focus of a new documentary. [KTNV]
  • The attacks against Aaron Ford aren't about him says this commentary. [Nevada Current]
  • A civil bench bar tomorrow will feature discovery commissioner Bonnie Bulla talking about proposed changes to discovery rules. [eightjdcourt blog
  • MGM is trying to pay for more schooling for its employees. [TNI]

Friday, September 7, 2018

Smokey And The Bandit


  • The Republican AG Association filed suit against Metro seeking to obtain bodycam footage of an interaction Metro had with AG candidate Aaron Ford last fall. [TNI]
  • While in Vegas to endorse Steve Sisolak, former US AG Eric Holder discussed justice reform. [Nevada Current]
  • The Nevada Commission on Ethics and Metro are investigating the misuse of public funds by the LVCVA. [RJ]
  • CWNevada, one of the state's largest cannabis company faces six separate lawsuits. The CEO of CWNevada is attorney Brian Padgett. CWNevada's attorney for these matters is Todd Bice. [RJ]
  • Elon Musk smoked weed live on Youtube. [Washington Post]

Thursday, September 6, 2018

Sleeping In The Street


  • A panel of 9th Circuit judges rules that prosecuting homeless people for sleeping in public is cruel and unusual punishment. [NY Times]

Wednesday, September 5, 2018

For Your Eyes Only


  • Judge Elizabeth Gonzalez ruled that the name of the doctor who will be in charge of Scott Dozier's execution must be revealed to drug company lawyers, but will remain sealed for "attorney eyes only." [News3LV]
  • Nevada Department of Public Safety is investigating sexual assault allegations against Dennis Hof. [TNI]
  • Efforts to recall two state senators are just now reaching the Supreme Court. [TNI]
  • Oakland is threatening to sue the NFL and the Raiders. [SF Chronicle]

Tuesday, September 4, 2018

Fall Sports


  • Stephen Stubbs was arrested for obstruction last week; he says it was because he told his client not to speak to police. [KTNV]
  • The confirmation for Brett Kavanaugh to the US Supreme Court starts today. [SCOTUSblog]
  • A Golden Knights player is suspended for 20 games for PED use. [ESPN]
  • Colin Kaepernick won an early battle against the NFL in a collusion case. [CBSSports]

Friday, August 31, 2018

Labor Day Weekend 2018


  • The results are in from the investigation in to Phil Kohn at the public defender's office.  It confirmed that "Mr. Kohn engaged in making inappropriate comments of a sexual nature in the workplace and engaged in inappropriate physical behavior toward employees." No word on what disciplinary action will be taken against him, but completely unrelated to the investigation, Kohn is retiring on January 11. The investigation, which took several months, was conducted by Robert Freeman at Lewis Brisbois. [RJ]
  • Be smart this weekend: don't drink and drive. 

Thursday, August 30, 2018

Marijuana Money


  • An immigrant mother separated from her daughter remains in custody and in limbo in Henderson. [TNI]
  • You think PERS is nice? What about a state retirement system for private industry workers? [TNI]
  • With loads of money being made from legal marijuana, there is still the issue of where to keep the money as banks close down a CEO's account. [LasVegasNow]
  • Click here if you want to read Judge Boulware's order regarding Dennis Hof with findings of fact detailing the history leading up to the Court reinstating his brothel license.  

Wednesday, August 29, 2018

Endangered Juries

The CCBA and NYU Civil Jury Project are hosting a lunch to get input from former jurors about how to improve the Nevada state and federal court jury system. [eighthjdcourt blog]  What do you think about our jury system in Nevada? Is it working? Are changes needed? Are juries a thing of the past?

Tuesday, August 28, 2018

The Court Is Not Impressed


  • Judge Richard Boulware granted preliminary injunctive relief to Dennis Hof and the Love Ranch. Hof is represented by Marc Randazza. [TNI; RJ
  • ill traffic violations be decriminalized? [Nevada Current]
  • Henderson is trying to regulate beekeeping. [RJ]
  • Here's a piece on how how Magistrate Judge Nancy Koppe dealt with parties who engaged in excessive briefing. [Ukiah Daily Journal]

Monday, August 27, 2018

Trial By Peers


  • Despite being recently indicted, Mark Peplowski may sue to get his job back at CSN. [RJ]
  • The court with the teen attorneys. [News3LV]
  • Nevada's rising poverty population results in unmet legal needs. [TNI]

Friday, August 24, 2018

Champagne Wishes


  • A Republican attorneys general group is calling on Aaron Ford to release his bar applications for Nevada and Texas. [RJ]
  • A woman, represented by a California attorney, is suing Caesars over being hit in the face with a drone during the Fourth of July celebration. [KTNV]
  • Two weeks after charges of gross lewdness were dropped against Mark Peplowski, he was indicted yesterday on two gross misdemeanor counts of open or gross lewdness. [RJ]

Thursday, August 23, 2018

RIP Mark Hinueber

Mark Hinueber passed away today at age 66. [RJ]

The Treaty Of Guadalupe Hildago


  • Cliven Bundy, represented by Craig Mueller, filed another lawsuit against Nevada and Clark County. [RJ; TNI]
  • The man who sold ammo to Stephen Paddock was indicted on one count of manufacturing ammunition without a license. [RJ]
  • Nevada inmates held in an Arizona private prison are on a hunger strike. [TNI]
  • Now's your chance to join the ranks of the Inns of Court. [eighthjdcourt blog]

Wednesday, August 22, 2018

Manafort And Cohen

Yesterday there was news about a jury convicting Paul Manafort and, separately, Trump lawyer Michael Cohen entering into a plea agreement implicating President Trump in violations of campaign finance law. Here's a look at six takeaways from the Cohen plea from the NY Times.  Any predictions on where this goes now?

Tuesday, August 21, 2018

They Tried


Monday, August 20, 2018

Conjugal Visits


  • Here's the latest on the Boulder City First Amendment/Crosswalk case. [LasVegasNow]
  • Here's the latest in the Oracle v. Rimini Street legal battle. [diginomica]
  • Here's an update on bill draft requests for the 2019 legislative session, including one submitted by Tick Segerblom to allow conjugal visits. [TNI]
  • Two lawyers were killed near Chicago recently--one by his brother-in-law and another by an elderly client. Just a little reminder to be safe out there. [Chicago Tribune and NWI.com]

Friday, August 17, 2018

More Federal Job Openings


  • From a press release: 

The United States District Court for the District of Nevada announces the pending retirement of United States Magistrate Judge George W. Foley, Jr. and United States Magistrate Judge Carl W. Hoffman, Jr. After 14 years of dedicated service to the Court, United States Magistrate Judge George W. Foley, Jr. will be retiring on August 5, 2019. Judge Foley has diligently served as a Magistrate Judge in the District of Nevada since August 4, 2005. In addition, after eight years of dedicated service to the Court, United States Magistrate Judge Carl W. Hoffman, Jr. will be retiring on August 4, 2019. Judge Hoffman has diligently served as a Magistrate Judge in the District of Nevada since August 5, 2011. 
The Court extends its gratitude to Judge Foley and Judge Hoffman for their years of service to the federal judiciary and to the community. Applications for the position of United States magistrate judge to fill these vacancies will be available on the Court’s website nvd.uscourts.gov in the fall of 2018.

  • An alleged con man decided to skip sentencing and lose his plea deal. [RJ]
  • Judge Ron Israel made a favorable ruling for the AP potentially allowing them to recover their fees under anti-SLAPP laws against Steve Wynn. [USNews]
  • Nevada courts rely on criminalized traffic tickets. [Nevada Current]

Thursday, August 16, 2018

R-E-S-P-E-C-T


  • Judge Miranda Du dismissed a lawsuit over an alleged fake western painting. [RGJ]
  • Dennis Hof is suing Nye County (for the fourth time in a year). [RJ]
  • Hundreds of newspapers coordinated editorials to denounce President Trump's attacks on the media. [KNPR]
  • Michigan erroneously added AG Adam Laxalt's name to an amicus brief. [TNI]
  • Save the date of October 12, 2018, 5-11 p.m. for the 22nd Annual Craig P. Kenny & Associates Open House.

Wednesday, August 15, 2018

West Virginia Impeachments

Someone mentioned it in the comments yesterday, but if you haven't heard what is going with the Supreme Court of Appeals of West Virginia, you should read this article from the New York Times to catch up. The short version is that the West Virginia House of Delegates passed 11 articles of impeachment against the 4 sitting justices on the Court, much of which is related to lavish spending.

There is no direct Nevada connection to this story that we know of, but it is a reminder that the judiciary is not immune from accountability. What do you think about this story?

Tuesday, August 14, 2018

Eagle Feathers


  • There have been a flurry of filings in the execution case before the Supreme Court. [Las Vegas Sun]
  • What is going on at the PD's office? [RJ]
  • Here's a profile on Greg Brower. [Vegas Inc.]
  • New York Gov. Andrew Cuomo recently learned it is illegal for non-Native Americans to possess bald eagle feathers. [LasVegasNow]
  • You can get a free half credit of addiction CLE if you attend the civil bench bar meeting today. [eighthjdcourt blog]

Monday, August 13, 2018

Back To School 2018


  • A federal judge rejected a drug maker's request to block Nebraska from using its drugs in an execution next week. [Washington Post]
  • Meanwhile, the Nevada Supreme Court is stepping in on the issue here in Nevada. [FoxReno]
  • A tech billionaire and crime victims' advocate (whose sister is the namesake of Marsy's law) was arrested in Las Vegas for drug trafficking. [NBCNews]
  • The Las Vegas City Council is set to vote on building a new courthouse for its municipal courts. [RJ]
  • Stephen Stubbs is resorting to public shaming to get legislative support. [Nevada Current]

Thursday, August 9, 2018

The Grand Opening Of I-11 Bypass


  • A reader wants to know what measures your firm has taken with regard to cyber security. Apparently, some firms in town have been hit by hackers and taken for cyber ransom. Do you have a plan in place? Are you the victim of breach? Here is a recent article about legal cybersecurity from the National Law Review for your consideration.
  • Judge Joe Hardy got after Metro for withholding public records requested by the RJ regarding sex trafficking and prostitution. [RJ]
  • The lewdness case against Mark Peplowski was dismissed. [RJ]
  • The City of Henderson is hiring four firms (Garman Turner Gordon LLP; Peterson Baker PLLC; Holley, Driggs, Walch, Fine, Wray, Puzey, and Thompson; and Snell and Wilmer LLP) at $350/hr for attorneys and $100/hr for paralegals in the lawsuit brought by former police chief Patrick Moers. [RJ]
  • An SEC filing reveals that outgoing Wynn general counsel Kim Sinatra is getting a $1.8 million settlement; it also reveals that her successor Ellen Whittemore will be paid $600K a year plus benefits. [RJ]
  • The I-11 bypass will open today cutting about 30 minutes off the trip to Arizona. [news3LV
  • We're going to take advantage of that bypass opening and get out of Vegas to enjoy this last weekend before school starts. We'll be back next week. Remember to watch out for school kids on Monday morning!

Wednesday, August 8, 2018

Gov's Getting Married


  • Governor Brian Sandoval is getting married this weekend. [TNI]
  • Danny Tarkanian, represented by Marc Randazza, sent a cease and desist letter to Susie Lee, represented by Todd Bice. [TNI]
  • The DA race is over, but the push for reform of the bail system isn't. [Nevada Current]

Tuesday, August 7, 2018

Student Council For Adults

In the sports-themed August Nevada Lawyer, Richard Pocker uses his message from the president to talk about the team sport of bar leadership. He writes, "There is a tired, inaccurate myth that state bar leadership and politics are nothing more than student council for adults, populated by insider cliques who only look out for themselves." He then goes on to say why that is not true today and invites "all of you to join the debate and search for solutions, regardless of where you stand on the issues." Thoughts, comments, questions?

Monday, August 6, 2018

Facts Of Life


  • Federal court caseloads in Nevada grow as vacancies on the bench go unfilled.  [RJ]
  • Judge Rob Bare denied a motion by CCSD to vacate an arbitration award in favor of teachers. [eighthjdcourt blog]
  • Did the new  Clark County administrator of human services violate ethics law? [RJ]
  • There have been 12 arrests so far as the rape test kit backlog gets reduced. [news3LV]
  • The mother accused of killing a four-year old boy was going to be released on her own recognizance by Pro Tem Justice Court Judge Jeannie Hua. [LasVegasNow]
  • If you want to apply to be a pro tem in Justice Court, the deadline is August 15. [CCBA]

Thursday, August 2, 2018

Identity Theft Central


  • DA Steve Wolfson wants to conduct a public review so that people understand why the grand jury did not indict an ex-Metro officer in the death of Tashii Brown. [LasVegasNow]
  • The Nevada Supreme Court said inmates aren't getting a healthy diet. [Nevada Appeal]
  • Here's a look at probation, parole, and the Day Reporting Center. [TNI]
  • Nevada is the top state for people to become victims of identity theft. [Las Vegas Sun]
  • The City of Las Vegas hired the Eglet firm to sue opioid makers. [RJ]

Wednesday, August 1, 2018

Old Las Vegas Lore


  • One of our readers tipped us off about a recent 9th Circuit opinion finding the Nevada Supreme Court in error and retelling the fascinating facts of the case involving a bank robbery, Mexico, torture, FBI agents, Judge Jack Lehman, an intolerable risk of bias, and [then] attorney David Wall. 
  • Any other tales of old Las Vegas you want to share?

Tuesday, July 31, 2018

Preclude Emotional Displays


  • At law firms, rainmakers accused of harassment can switch jobs with ease. [WSJ-sub. req'd]
  • Are law firm panels really the wave of the future? [Law.com]
  • Expiring drugs means time is of the essence in the State's efforts to execute Scott Dozier. [TNI]
  • What it takes to be a trial lawyer if you're not a man. [The Atlantic]

Monday, July 30, 2018

The Kitchen, The Bedroom, And The Courtoom


  • The Nevada Supreme Court said the Nevada Commission on Judicial Discipline can go forward with a hearing about Washoe County Family Court Judge Charles Weller over his comment that a woman's place was the kitchen and bedroom. [Nevada Appeal]
  • UNLV immigration lawyer Laura Barrera shows its not easy trying to reunite parent with child in the ICE maze. [RJ; TNI]
  • Here are opposing opinion pieces from Elizabeth Thompson and John L. Smith regarding MGM's legal strategy of suing the victims of the October 1 shooting. [TNI]
  • For those of you catching up, here is Aaron Ford talking about his college arrests. [LasVegasNow]

Friday, July 27, 2018

Dashcams


  • Nevada AG and gubernatorial candidate Adam Laxalt responds to Laura FitzSimmons with a 9-page letter from an out of state law firm called Holtzman Vogel Josefiak Torchinsky. [TNI]
  • Embattled administrator is suing the CCSD. [RJ]
  • Is there a wage theft epidemic in construction? [Nevada Current]
  • Speaking of recording clients--dash cams anyone? [LasVegasNow]

Thursday, July 26, 2018

Hoplophobia


  • According to a press release, US Magistrate Judge Peggy A. Leen will be retiring on April 30, 2019, after 18 years of service to the Court.  Information about applying for her job can be found here.
  • MGM's suit against the October 1 shooting victims hits them at their most vulnerable. [Time]
  • The AG's office filed an appeal on the TRO that halted the execution of Scott Dozier. [LasVegasNow]
  • A panel of the 9th Circuit ruled that the Second Amendment protects the right to openly carry a gun in public for self defense. [LasVegasNow]
  • The latest on the Ocean Fleming/dirty cops case. [Nevada Current]
  • Metro paid $500,000 to settle a lawsuit involving two officers who tased a man until he died. [Fox5Vegas]
  • Here's a look at the legal opinions or political commentary of a Trump appointed Judge James Ho.[KNPR]

Wednesday, July 25, 2018

To Tape A Client

As you may have heard, President Trump's former attorney Michael Cohen kept audio recordings of his conversations with his client. Some of those recordings were seized from Cohen as part of a criminal probe into his business practices. Now, CNN has released one of those recordings and President Trump is tweeting about it.

Have you ever or would you ever record a client?

Tuesday, July 24, 2018

Heat Rises


  • Victims of the October 1 shooting spoke out yesterday about MGM's lawsuit. [Fox5Vegas; RJ]
  • Judge Doug Smith denied a request to resentence a man convicted of killing a 7-year old girl. [RJ]
  • The AG race is heating up as the Crisis Pregnancy Center in Reno, represented by Hutchison & Steffen (the firm that hired Wes Duncan last year), sent a cease and desist letter to Aaron Ford for calling the center a "fake women's health center." [TNI]

Monday, July 23, 2018

Is It News?


  • In the "Is it news?" category, AG candidate Aaron Ford had tax liens. [RJ]
  • Will MGM's bold strategy of suing victims to seek declaratory relief payoff? (features a fantastic photo of Bob Eglet) [TNI]
  • Sex sells. Who's minding the store? [Nevada Current]

Friday, July 20, 2018

Corpus Delicti


  • In a week where MGM was dominating the press with bad headlines, the RJ and AP are trying to get in on the action by pursuing attorney fees under the Anti-SLAPP statute from the widow of the Metro officer who was killed on October 1. [LasVegasNow]
  • The Vegas Golden Knights and the US Army entered into a trademark coexistence agreement. [RJ]
  • Stephen Stubbs is making headlines again by identifying an admitted child molester on Facebook and YouTube because DA Steve Wolfson has, so far, declined to press charges. [Nevada Current]

Thursday, July 19, 2018

A Few Opportunities


  • Do you want to volunteer to help foster children. [Fox5Vegas]
  • Would you like to be a Las Vegas Justice Court Pro Tem Judge or Referee? [CCBA]
  • How about a career as assistant bar counsel? [nvbar]

Wednesday, July 18, 2018

ADKT 0534 Hearing


  • Steve Sisolak's lawyer, Laura Fitzsimmons, is threatening to sue Adam Laxalt over "defamatory statements" on his website. [TNI]
  • LACSN is celebrating 60 years. [Nevada Current]
  • The prices of Raiders Stadium reserved seating PSLs were published yesterday. [RJ]
  • Thomas Fougere won the special election Republican primary for Clark County Public Administrator. [RJ]
  • The Supreme Court hearing on ADKT 0534 proposing mandatory professional liability insurance is set for today at 3:00 p.m. If you want to review any of the comments submitted, you can do that here and, typically, you can view the live stream of arguments on this page

Tuesday, July 17, 2018

MGM v. The October 1 Victims

Last Friday, a group of MGM entities including MGM Resorts International, Mandalay Resort Group, filed a complaint in federal court seeking declaratory relief against victims of the October 1 shooting who filed (or have threatened to file) suit against the various MGM entities.  Three different firms, with James Pisanelli serving as lead attorney, are on the Complaint that alleges that CSC--the security company used by the MGM entities for the Route 91 festival--was certified by the Department of Homeland Security. The Complaint further alleges that the shooting was An Act of Terrorism under the SAFETY Act. If the allegations are true, then the federal courts (not state court) have jurisdiction and the claims against the MGM entities must be dismissed.

Now, it's time for a little armchair lawyering and an opportunity for you to weigh in on this unique situation. MGM is a publicly traded company and is Nevada's largest employer.  It relies on tourism, but finds itself in a position where it has to fight against the interests of its customers to protect its own bottom line. Is this a good strategy? Who is ultimately making the decisions for MGM? Given the facts and firms involved, it is likely that an insurance company is behind at least some of this decision, but is getting out in front of this the best move? Does it look to much like forum shopping? Will a court find it was Act of Terrorism? Is the bad publicity MGM going to get from this going to be worth the result? Any predictions on where this goes or how it ends?

Here are a couple of news links about the story:

Monday, July 16, 2018

End Of An Era


  • Nicholas Trutanich--Adam Laxalt's chief of staff--was nominated to serve as the United States attorney for Nevada. [Las Vegas Sun; News3LV
  • Michelle Fiore thinks the City Council should work together on the Badlands issue and the eight lawsuits related to it. [RJ]
  • The fight over water at Coyote Springs. [TNI]
  • Taxicab Authority whistleblower not guilty of illegal wiretapping. [LasVegasNow]
  • To the chagrin of some and to the overwhelming joy of others, Jane Ann Morrison is out at the RJ. [RJ]
  • The Annual Meeting is over and the Pocker era has begun at the State Bar of Nevada

Friday, July 13, 2018

The Last Blockbuster


  • Could Mark Amodei be nominated for a federal judgeship? [TNI]
  • Steve Sisolak's ex-girlfriend asks Adam Laxalt to not use allegations about Sisolak's impropriety with her daughter in campaign ads. [Nevada Current; TNI]
  • With the closure of two Blockbuster video stores in Alaska, we're down to one remaining Blockbuster in Bend, Oregon. Is this in any way analogous to the practice of law? [Las Vegas Sun]
  • Anything else going on out there? Any updates from the Drake?

Thursday, July 12, 2018

Real People


  • Here's a version of the story of what went down with Kym Cushing and Wilson Elser. [Law.com/NewYorkLawJournal]
  • Judge Elizabeth Gonzalez's ruling yesterday indefinitely postponed the execution of Scott Dozier. [TNI]
  • The Annual Meeting of the State Bar is underway with last night's packed opening night reception and ice-cube icebreakers. Anyone have any more details? [@nevadabar and #ruleoflawsbn]
  • Just a reminder that the people mentioned in these links and articles and in the comments are real people with feelings, families, and reputations. Feel free to speak your mind, but please keep it work-appropriate, slander and bully-free. Thanks.

Wednesday, July 11, 2018

Welcome To The Drake


  • The State Bar of Nevada's Annual Meeting kicks off tonight at the Drake in Chicago. Are you there? We'd love to hear your observations. For those of you who can't make it, you can follow @nevadabar and #ruleoflawsbn.
  • There is a new Facebook group called Nevada State Bar to Require Liability Insurance. This group seeks comments and opinions regarding the proposed Bar petition. Attorney Lynn Conant is drafting a statement to the Supreme Court and will accept your comments/opinions via email at skinering[@]yahoo.com (remove the brackets) or at the Facebook page.
  • Alvogen, Inc., represented in part by Pisanelli Bice, is suing to stop the State of Nevada from using its drug in the execution of Scott Dozier scheduled for tonight. A hearing for a TRO and preliminary injunction in case A777312 is set before Judge Elizabeth Gonzalez this morning at 9 a.m. [RJ; Fox5Vegas]
  • Here's a look at the evolution of the death penalty in Nevada. [TNI]
  • A reader tells us that Justice Court Department 1 candidate James Dean Leavitt has a Facebook ad attacking his opponent Elana Graham that suggests she is taking contributions from defense attorneys and then giving their clients favorable deals. Anyone seen this or have more details?

Tuesday, July 10, 2018

State-Sponsored Executions


  • President Trump's nominee to replace Justice Kennedy is former Kennedy clerk Brett Kavanaugh. [SCOTUSblog]
  • Senator Heller will support the nomination while Senator Cortez-Masto is undecided. [TNI]
  • Here's more on the Gamages and their link to the death of a police informant. [RJ]
  • AG Adam Laxalt will not file charges against an embattled rural county sheriff, but he also won't campaign with him. [TNI]
  • Justice of the Peace Sam Bateman orders trial for two accused in murder of local teen. [RJ]
  • Kim Sinatra is out as general counsel at Wynn and now the question is whether she should receive severance pay. [RJ]
  • The maker of one of the drugs planned for Scott Dozier's execution doesn't want it used in state-sponsored executions. [TNI]
  • Do survivors get any closure from an execution? [Nevada Current]

Monday, July 9, 2018

Monsoon Season


  • Attorneys William Gamage and Amy Gamage face charges as an accessory to murder. [RJ]
  • Stephen Paddock's homes will be sold. [RJ]
  • A 1-year-old goes to court. [Las Vegas Sun]
  • President Trump is expected to announce his nominee for the Supreme Court today. [SCOTUSblog]
  • If you haven't checked out the comments from Friday's post, be sure to get caught up on some of the discussion regarding mandatory professional liability insurance. A proposed Joint Opposition against the Board of Governors' petition to impose mandatory malpractice insurance is being circulated ahead of the the Court's July 11, 2018, 5 p.m. deadline. Anyone interested in joining those opposed to the rule petition should email mo[@]lawmrh.com (remove the brackets from the address) ASAP for particulars and to add your name to the opposition.

Friday, July 6, 2018

Mandatory Professional Liability Insurance


  • As you saw in the email from the State Bar yesterday, ADKT 0534 proposing amendments to SCR 79 requiring mandatory professional liability insurance is going before the Supreme Court. You can view the petition here (which includes hundreds of your survey responses about the idea). Per an Order, a hearing will be held Wednesday, July 18, 2018, at 3:00 p.m. in the Supreme Court Courtroom in Carson City and videoconferenced to Nevada Supreme Court in Las Vegas. Comments may be submitted electronically or in hard-copy format due to Clerk by 5 p.m. on July 11, 2018. Persons interested in participating must notify the Clerk no later than July 11, 2018. Here is your chance to make your voice heard again. 
  • Todd Bice got a $3.5 million win for his artist client whose Las Vegas Statue of Liberty was used on a USPS stamp without permission. [CNN]
  • Naqvi Injury Law pledges multi-year support of Cure 4 the Kids Foundation. [Nevada Business]
  • A chaotic scramble to reunite migrant families by deadline. [Las Vegas Sun]

Thursday, July 5, 2018

Constabulary Crisis


  • Another constable investigated for misconduct--this time in Mesquite. [RJ]
  • Marc Randazza and Jay Wolman are defending Alex Jones in a Sandy Hook case. [NY Times]
  • The I-team has a look at the cage where a child was allegedly held. [LasVegasNow]
  • The State finally released its controversial plans for executing Scott Dozier next week. [RJ; LA Times]

Tuesday, July 3, 2018

Terrible Tuesday


  • Is Metro considering issuing an arrest warrant for Tupac's murder? [News3LV]
  • Richard Wright and Monti Levy got a jury to acquit their client of murder charges. [RJ]
  • One of the local morning news guys says today is known as "Terrible Tuesday" because of all the travel today. May your travels be smooth.  Have a great Fourth and please don't drink and drive.

Monday, July 2, 2018

Sparklers


  • Second Judicial District Judge Jerome Polaha ordered the Washoe County School District to turn over documents related to bullying sought by the RGJ. [RGJ]
  • Judge Michael Villani vacated the death sentence for a 71-year old Vietnam Vet. [KTNV]
  • A California attorney for the husband of an October 1 victim says her client's wife might be alive, but for the (in)action of Metro. [Baltimore Post Examiner]
  • 40 under 40 alumni: Paola Armeni Androvandi. [Vegas Inc.]
  • Some cautionary tales about drinking while practicing law include one from Vegas. [Law.com]

Friday, June 29, 2018

The Capital Gazette


  • Family Court Judge Jennifer Elliott announced her retirement from the bench.  [eighthjdcourt blog; RJ]
  • Video of officers waiting a floor below the October 1 shooter raise questions about Metro training and liability with attorney Louis Schneider weighing in. [RJ]
  • Another community is reeling from the shooting at the Capital Gazette in Annapolis, Maryland. Our thoughts and prayers are with all those affected. [GoFundMe]

Thursday, June 28, 2018

Cushiest Job In Town


  • Know the law regarding fireworks in Clark County. [Las Vegas Sun]
  • The City of Las Vegas has been discussing marijuana lounges. [Las Vegas Sun]
  • CCSD general counsel Carlos McDade is leaving his job to join the City of Henderson as its chief labor negotiator. [RJ]
  • Speaking of marijuana lounges and city jobs, one of our readers wants to know what you think is the cushiest lawyering gig in town? Is it a government job, a certain firm, something else?

Wednesday, June 27, 2018

Janus


  • The Supreme Court finished out their term with a ruling affecting unions and no retirement announcements. [SCOTUSblog]
  • A federal judge says families separated at the border must be reunited within 30 days. [Las Vegas Sun]
  • Represented by Les Stovall, the former police chief of Henderson is suing the Mayor and City Council. [RJ]
  • You heard it here first last week, but here is an article on the Golden Knights suing Stubhub (that actually includes references to lawyers, the judge, and the complaint). [RJ]
  • BREAKING:  Justice Anthony Kennedy is retiring. [CNBC]

Tuesday, June 26, 2018

Judicial Impacts


  • The U.S. Supreme Court issued a decision rejecting a challenge to President Trump's 2017 travel ban. Tomorrow they will issue their last two decisions and close out the term. [SCOTUSblog]
  • Wynn dealers are closer to a big pay day thanks to the Supreme Court. [RJ]
  • Names of most Nevada sex offenders to be posted October 1. [Las Vegas Sun]

Monday, June 25, 2018

Keep 'Em Guessing


  • Nicholas Vaskov was selected as the new Henderson City Attorney, creating a job opening at the Nevada System of Higher Education. [RJ]
  • Is President Trump filling the judicial branch with extremists? [Las Vegas Sun]
  • Some undocumented immigrants separated from their children have ended up in Nevada. [LasVegasNow]
  • Last week, Lisa Rasmussen wrote this opinion piece about why the DA should stop disproportionately excluding minorities from juries. [TNI]
  • The U.S. Supreme Court handed out some decisions today including one on gerrymandering.  More tomorrow and maybe a retirement announcement? [SCOTUSblog]

Friday, June 22, 2018

Do Not Embarrass The Future


  • The U.S. Supreme Court issued four new decisions today, including one narrow holding that police need a warrant to get location information from cell phone tower sites. [SCOTUSblog]
  • Yesterday the same court issued a decision that will allow states to collect sales tax from more online retailers--meaning Nevada could have $30 million more in tax revenue per year. [TNI]
  • Black Knight Sports and Entertainment LLC dba Vegas Golden Knights, represented by Dan Polsenberg, has sued StubHub Inc. for $1.4 million in profits from playoff tickets that StubHub has yet to pay the Golden Knights. (Case No. A-18-776361-B.)  For some mysterious reason, the Complaint was filed under seal. Anyone have any other details? 
  • With the 4th of July coming up, Clark County and Metro want you to report illegal fireworks at ispyfireworks.com. [RJ]

Thursday, June 21, 2018

Longest Day Of The Year 2018


  • Scott Dozier's execution is set for July 11. [Las Vegas Sun]
  • Adam Laxalt's aunt is endorsing Aaron Ford for AG. [TNI]
  • More than half of the Nevada occupational licensing boards don't keep their salaries in line with state directives. No word on whether this would include the Nevada bar. [TNI]
  • The Las Vegas City Council voted to authorize payment of up to $100,000 in attorney fees for McDonald Carano to defend it in two separate cases related to the Badlands development. [RJ]

Wednesday, June 20, 2018

Spaceballs


  • Family Court Judge Rena Hughes was publicly reprimanded and has to take a course on managing challenging family law cases. [LasVegasNow]
  • Here's a look at ballot measures you will see this fall. [TNI]
  • District court honors those who go above and beyond to keep it running. [eighthjdcourt blog]
  • Here's a quick look at funding of the Nevada judiciary. [nvcourts]
  • Here are the administrative orders regarding interdepartmental reassignment of civil cases and criminal cases in the Eighth Judicial District Court.

Tuesday, June 19, 2018

Space Force


  • Potential double voting in last week's primary might mean a special election for the Clark County public administrator primary on the Republican side. [TNI; RJ]
  • Here's a look at where Nevada politicians/candidates stand on separating children from adults at borders. [Nevada Current; RJ]
  • Does Clark County really want to avoid trial in the Save Red Rocks case? [RJ]

Monday, June 18, 2018

Pimp Scandal


  • Washoe County family court judge David Hurnke was suspended without pay for three months and fined $1,000 for mishandling child support cases and refusing to discipline his former judicial assistant. [RGJRJ]
  • The Zoloft defense didn't work: the jury found Brandon Hanson guilty of murder. [Fox5Vegas]
  • Does Metro really know where all the security cameras are on the Strip or not? [Baltimore Post-Examiner]
  • Larry Bertsch, the forensic accountant put in charge of figuring out the financial Stephen Paddock's assets, said through his lawyer Alice Denton last week that the banks are giving him some resistance. [Fox5Vegas]
  • Should the AG be investigating the LVCVA? [RJ]
  • With campaigns over, the sheriff and DA can now address the pimp scandal, right? [TNI]

Friday, June 15, 2018

World Cup 2018


  • An apparently anonymous defense attorney argued that his client's mental illness and side effects from Zoloft were to blame for his client killing his client's ex-girlfriend. Can anyone identify the defense attorney featured in the video? [Fox5Vegas]
  • Post election interview with Robert Langford. [Nevada Current]
  • Today is Richard Bryan day at the City of Las Vegas. [KNPR]
  • No charges for a man who shot a burglar. [KTNV]
  • A reader wrote in saying that the number of construction defect judges is being reduced to two:  Judge Susan Johnson and Judge Joanna Kishner. Sometime in July (we have yet to see an order confirming any of this), Johnson's criminal cases will be reassigned and the defect cases being handled by Judges Timothy Williams (who will be taking on business court duties), Richard Scotti, and Jerry Wiese will be redistributed. No word on what other changes will coincide with this. Anyone have more details?
  • While trying to verify the above, we found three recent administrative orders for the Eighth Judicial District:  one dealing with judicial funeral processions; one about the establishment of a Probate/Adult Guardianship committee; and one mandating electronic filing in the court annexed arbitration program.

Thursday, June 14, 2018

Job Tips: Marketing Yourself

For those of you enamored with lists, Super Lawyers released their list of the top 100 lawyers in the  Mountain States--including two recently (re)elected to the Board of Governors. For those of you not so in love with the lists, one of our readers wants to know how you market yourself. Not your firm, but yourself. Do you work on your Avvo profile? Do you post frequently to your Linked In, Facebook, and Twitter pages? Is your face on the side of a Zamboni? Any tips that would help a young lawyer get ahead in the game?

Wednesday, June 13, 2018

Results Oriented

  • Adam Laxalt will face off against Steve Sisolak for governor. [TNI]
  • Wes Duncan and Aaron Ford will battle to be successor to Laxalt as AG. [Nevada Appeal]
  • Steve Wolfson defeated Robert Langford to secure another term as Clark County District Attorney. [RJ]
  • Elissa Cadish and Jerome Tao will square off for a spot on the Supreme Court bench this fall. [RJ]
  • In Las Vegas Justice Court, Melissa De La Garza got more than 50% of the primary vote to be elected outright, while Elana Graham beat James Dean Leavitt, but will still have to face off against him this fall since Vinny Ginn took such a large portion of the vote. [RJ]
  • Here are the results from the Board of Governors election: 1 incumbent and 3 new governors were elected. 

Tuesday, June 12, 2018

Primary Election 2018


Monday, June 11, 2018

Insensitive


  • Big spending in the DA race. [RJ]
  • Judge Sandra Pomrenze will not be removed from a custody case for making an "insensitive" comment about a child's hair. [RJ]
  • Dotty's settled an ADA suit for $3.5 million. [KNPR]
  • In light of the recent deaths of Kate Spade and Anthony Bourdain, we are sharing the number for the National Suicide Prevention Hotline, again. If you are feeling down or are even thinking about hurting yourself, please reach out for help:  1-800-273-8255

Friday, June 8, 2018

Golden Season

The Golden Knights’ season came to an end last night, bringing their inaugural season to a close. And what a season it was. Also coming to an end soon is primary election season, thankfully. Any last minute pitches for your favorite candidate? Anything else going on out there today?

Thursday, June 7, 2018

Backs Against The Wall


  • Here's a look at the policy positions of DA Steve Wolfson. [TNI]
  • Judge Joe Hardy heard argument about the gun buyer screening law that passed in 2016, but has yet to be implemented. [News3LV]
  • The DMV has made it easier to change gender on a a driver's license. They are working on adding an option for those who don't identify as male or female. [Las Vegas Sun]
  • Plea deal raises questions about ties between cops and pimps. [Nevada Current]
  • Did you know Nevada has a Judicial Education Unit?
  • With the Golden Knights facing elimination tonight, one local fan is facing fines from his HOA for hanging a flag. [News3LV]
  • There will be a Legally Blonde 3. [News3LV]
  • Ever want to be part of the American Ninja Warrior audience? [RJ]

Wednesday, June 6, 2018

Current Affairs


Tuesday, June 5, 2018

Better Security


  • Here's Jane Ann Morrison's latest gripe piece on Judge Robert Clive Jones. [RJ]
  • Two paralegals in Arizona were killed last week (along with a psychologist and a psychiatrist) by a man with a grudge from his divorce (8 years ago). It's an unfortunate reminder to stay alert when dealing with angry clients. [Washington Post]
  • Damian Sheets argued that there is no evidence his client was driving in a fatal DUI. The prosecution says statements at the time say otherwise. [Fox5Vegas]
  • Questions surround recent shooting death of two-year old boy. [LasVegasNow]
  • For those of you who missed it in the comments yesterday, Last Week Tonight with John Oliver did a piece on the guardianship scandal which included April Parks and some of her victims. 
  • A letter to the editor thinks schools should a single pubic entry and better security like the RJC. [Las Vegas Sun]

Monday, June 4, 2018

Clutching At Straws


  • Wes Duncan says Craig Mueller's suit against him is "beneath the [AG] office we are both seeking." [RJ]
  • Several new decisions from the US Supreme Court today, including the same-sex wedding cake case. [SCOTUSblog]
  • President Trump claims he can pardon himself. What do you think? [Politico]
  • Remember how they were going to try and do away with the $40 annual CLE fee we pay? Have you wondered how that is working out? Well, Marshal Willick wrote a newsletter concluding that the new CLE fee structure stinks and needs to change. What do you think? Are CLE providers just passing the new fees back to the lawyers? Does the $25 fee you pay the Nevada CLE board (plus $5 per credit) discourage you from presenting CLEs or publishing articles for CLE credit? 

Friday, June 1, 2018

National Donut Day


  • There are four months left for victims of the October 1 shooting to apply for assistance through the Nevada Victims of Crime program. [Fox5Vegas]
  • A tentative deal avoids a strike for Caesars properties, but negotiations are still ongoing for others. [KNPR]
  • Court of Appeals affirms excluding a liability expert. [Compelling Discovery]
  • Is your office more of a donut office or a bagel office?

Thursday, May 31, 2018

A Wealthy Montanan


  • DA Steve Wolfson is on the defensive in his latest campaign ad. [TNI]
  • Suspended attorney Vicki Greco pleaded guilty to three felonies yesterday. [RJ]
  • Is Stan Hunterton still bar counsel or is he not? The bar counsel contact page no longer lists him where it once did. Anyone have the details?
  • President Trump exploring the possibilities of the presidential pardon power. [Las Vegas Sun]
  • Dayvid Figler wrote an opinion piece on the Golden Knights and hockey in Clark County. [TNI]
  • AG candidate Craig Mueller filed a suit in the Eighth Judicial District Court against opponent Wes Duncan alleging Duncan violated the Nevada Racketeer Influenced and Corrupt Organizations Act. More specifically, Mueller alleges Duncan solicited campaign contributions from businesses, public utilities, and gaming licensees over which Duncan had regulatory and/or disciplinary authority by virtue of his position as First Assistant Attorney General. The Case is A-18-775255-C.

Wednesday, May 30, 2018

And For My Next Act...


  • A jury found both the Plaintiff and David Copperfield (and co-defendants) negligent, but ultimately found the Plaintiff 100% responsible for the proximate cause of his accident.  Copperfield was defended by Elaine Fresch and Jerry Popovich of Selman Breitman. [Fox5Vegas; NPR]
  • In a Republican interview in lieu of debate that aired last night, Adam Laxalt was asked about his vote on the Fred Steese pardon. [TNI]
  • Metro may not have record of every officer that responded on October 1. [RJ]
  • Businessman (who had a residence in Las Vegas) is now representing himself after two criminal convictions. [Forbes]

Tuesday, May 29, 2018

Not Throwing Away My Shot


  • Early voting is now open.
  • Her'es a guide for voting for Attorney General. [Nevada Appeal]
  • Here's a guide for voting for Supreme Court Candidates for Seat C. [Nevada Appeal]
  • If campaign contributions determined winners, Judge Elissa Cadish would be elected to the Nevada Supreme Court. [RJ]
  • Here's a look at the policy positions of DA candidate Robert Langford. [TNI]
  • Note: nearly 60% of registered voters in Clark County are excluded from voting for the DA this time around. [RJ]
  • Explainer: how legal prostitution works in Nevada. [TNI]
  • Are landlords forcing renters to pay fraudulent fees? [RJ]
  • A story about a lawyer, aka Broadway hit "Hamilton," kicks off its run at the Smith Center tonight. [RJ]
  • The Golden Knights won game 1 of the Stanley Cup Final. [USA Today]

Thursday, May 24, 2018

Memorial Day Weekend 2018


  • The 9th Circuit berates Judge Clive Jones. [CNS]
  • Here's an article on that mass incarceration panel that took place earlier this week. [TNI]
  • A "sovereign citizen" was sentenced yesterday. [RJ]
  • Closing arguments started in the David Copperfield trial. [RJ]
  • The Vegas Golden Knights will face the Washington Capitals in game 1 of the Stanley Cup Final on Monday. [RJ]
  • It's Memorial Day Weekend and the unofficial start of summer. Are any of you getting out of town? What's the hot vacation spot this year? Please don't drive if you've been drinking and we'll see you back here next week!

Wednesday, May 23, 2018

Inadequately Staffed


  • A complaint was filed with the AG alleging that four University Regents violated open meeting laws. [LasVegasNow]
  • Legislators to act now that they've been made aware of weaknesses in Secretary of State's business portal? [RJ]
  • Recognizing those serving in the truancy diversion program. [eighthjdcourt blog]
  • Jury awards $540,000 in negligence claim against CCSD. [Las Vegas Sun]

Tuesday, May 22, 2018

Bail Me Out Here

We haven't found an article yet regarding it, but there was a panel on mass incarceration last night featuring DA candidate Robert Langford, PD Phil Kohn, Assemblyman Jason Frierson, and Boyd law professor Michael G. Kagan.  As you can see from the above tweet from The Nevada Independent's Michelle Rindels, Candidate Langford would like to do away with cash bail systems. What do you think? Good idea or bad idea?

Monday, May 21, 2018

A Few Clicks


  • The war over confirming federal judges is heating up. [KNPR]
  • A Nevada assembly candidate is accused of forging documents in a family court case. [RJ]
  • Damian Sheets, who is representing the alleged driver in last week's double fatality DUI, says his client wasn't behind the wheel at the time of the crash. [RJ]
  • More on the Ocean Fleming/Metro vice squad story. [Baltimore Post-Examiner]
  • AG Jeff Sessions moved to curb immigration judges' authority. [KNPR]
  • Nevada business entities as risk of fraud due to weak safeguards on the Nevada Secretary of State web portal. [RJ]
  • Here's a look at cases the U.S. Supreme Court is set to issue decisions on in the next month. [Constitution Daily]
  • Holy crap, the Golden Knights. [Deadspin- by the author who less than a year ago wrote about how bad they would be]

Friday, May 18, 2018

Nowhere To Go


  • The Meet Your Judges Mixer was last night. Here are photos. Any good stories?
  • The race for Justice Court Department 1 is heating up to be an expensive one between Elana Graham, James Dean Leavitt, and Vinny Ginn. Graham is releasing an ad with dirt on Leavitt and Leavitt is dishing it back claiming he is more experienced. Ginn is lurking quietly in the background waiting to play spoiler. [RJ]
  • Capitalizing on the hockey excitement, Sean Connell and Andrew Muehlbauer are marketing their firm as Power Play Legal
  • About 300 people eligible for parole are being held in Nevada prisons because there is no transition plan in place. [TNI]
  • One of our commenters pointed out that the Board of Governors page of the State Bar of Nevada website has been updated with upcoming meetings--including next year's annual meeting in Vail. 

Thursday, May 17, 2018

Just One Thing

If you could change just one thing about the practice of law in Nevada, what would it be?

Wednesday, May 16, 2018

Not That It Matters


  • AG Adam Laxalt, who is running for governor, just made national headlines by suing Purdue Pharma LP, the maker of Oxycontin. [TNI]
  • A lawyer who claims to have billed 3,600 hours in 2017 at the firm of Howard and Howard billed some of those hours in their Las Vegas office. [Law.com]
  • A follow up on the Ocean Fleming plea deal. [Baltimore Post-Examiner]
  • One of our readers wants your input on "what would you say is the most prestigious firm in Las Vegas?"

Tuesday, May 15, 2018

Judges Packing Heat


  • What yesterday's Supreme Court decision on sports betting means. [Washington Post]
  • OurNevadaJudges.com is updated with this year's races. 
  • According to a survey by the National Judicial College, 1 out of every 4 judges carries a gun. [Dayton Daily News]
  • Judge Michelle Leavitt dismissed the claims against the RJ by the widow of an LVMPD officer killed on October 1. [RJ]
  • Judge Togliatti extends treatment for developmentally disabled man set to be released in California with no transition plan. [TNI]
  • Heads up about nightmarish traffic this weekend with Project Neon closures during EDC. [Fox5Vegas]