Friday, December 28, 2018

Top Ten Stories of 2018

As 2018 draws to a close, it's time to take a look back at the top ten stories that affected the Las Vegas legal community this year. Before we do, thanks again for reading, commenting, and offering your input because without you, the blog is dead. As always, we're open to your suggestions on how we can improve the blog, so if you have any comments, criticisms, ideas, gossip, or want to volunteer to write a guest post, let us know. Here's wishing you a happy 2019! Maybe we'll see you again next year!

Our top ten Las Vegas related legal stories of 2018, in no particular order (except #1) are:


Wednesday, December 26, 2018

Boxing Day 2018


  • Judge Stefany Miley was arrested over the weekend on suspicion of domestic violence. [News3LV]
  • ADKT 499 means more work for you when certifying that you did your CLE credits for the year. [Thanks for the heads up from one of our commenters.]
  • Wynn is suing Resorts World over trademark infringement. [KTNV]

Friday, December 21, 2018

A Long Winter's Nap

It's the Friday before Christmas and the least amount of daylight we'll see all year. It is also one of the least productive days of the year, but who's counting? Hopefully your office is closed on Monday and Tuesday so you can enjoy a nice holiday 4-day weekend. If not, feel free to commiserate in the comments below.

If any of you are struggling right now, please don't hesitate to ask for help.  If any of you are not struggling right now, consider reaching out to those people in your life who might be. A quick message or phone call goes a long way.

Confidential help from a fellow lawyer is a phone call away
Toll Free: 866-828-0022
Any lawyer in need of confidential assistance with alcohol, drug, gambling problems, depression and stress: help is a phone call away. The LCL hotline will put you in touch with a peer who understands the issues of lawyers today. When you call, all you have to leave is your first name and telephone number, and someone with experience and who understands will call you back.  You will be listened to with understanding and support by someone who will give you resources you may not know exist out there. One new benefit of this program is three free therapist sessions for support during stressful events. More details at the link above.
Call 1-800-273-8255
Available 24 hours everyday

Thursday, December 20, 2018

2018 Annual Airing of Grievances

"The tradition of Festivus begins with the Airing of Grievances. I got a lot of problems with you people! And now, you're gonna hear about it." --Frank Costanza


Technically, Festivus is on December 23, but since that's Sunday, we are going to get the festivities started today!  Gather your family, friends, co-workers, enemies, judges, opposing counsel, etc. because it's time for the Airing of Grievances

For some of you, this is what you were born to do--this is your moment to shine. Your gift of complaining is finally welcomed and wanted on this one occasion. This is your chance to civilly (meaning work appropriate and slander free) whine and complain about your salary, your job, your boss, the courts, nepotism, the Board of Governors, bar counsel, UNLV Boyd Class of 2013, this blog, etc. It's also your chance to provide some feedback about the way things are done in the Las Vegas legal community. Believe it or not, there are a lot of people who read this blog and see your comments and suggestions (including administrators, judges, and other lawyers). If you want a refresher on what types of things you were disappointed in or complained about last year, use the search box and enter "airing."

Tuesday, December 18, 2018

Bonus Round 2018!!!

Each year at this time we like to take a look at salaries and bonuses. For the last two years we did a compensation survey to give you an idea of how much money attorneys in Las Vegas make. You can see the results for 2017 and 2016 by clicking on the link. We didn't do a new survey this year figuring that probably not much has changed. What do you think about the current state of pay for attorneys here? Are you underpaid or overpaid? Did you get a bonus? Has your billable hour requirement gone up or down this year? Any predictions on where compensation is headed?

Monday, December 17, 2018

Whiny Letters To Santa


  • Justice of the Peace Melanie Andress-Tobiasson is facing (and fighting) potential discipline over allegedly using her position as a judge to contact police. [Nevada Current]
  • Here are some of Aaron Ford's priorities as Attorney General. [Las Vegas Sun]
  • Confirming what was already rumored, the Coroner ruled Judge Laurel (Davis) Barbero's death a suicide. [RJ]
  • Here's Dayvid Figler's update on the curious case of Mr. Rippo. [TNI]
  • If you haven't seen it yet, go check out this order from a federal judge who is fed up with whiny parties/lawyers. [Above The Law]

Friday, December 14, 2018

All I Want For Christmas Is My Debt Paid Off

If you haven't yet seen the heartwarming story about Fifth Third Bank surprising a nurse by paying off $150K in student loans, here it is. Although it is unlikely to happen for any of you, it's the kind of thing law graduates dream of, right?  One of our readers want to know if you have any heartwarming stories about your law school loans? If not heartwarming stories, any tips for dealing with working in a soul-crushing profession just to pay back the bank? Any advice on strategies for paying them off?

Thursday, December 13, 2018

Baby It's Cooler Outside


  • It seems Matthew Dunkley transferred some of the money stolen from his clients to his "hot girlfriend." [LasVegasNow]
  • Oakland is suing the Raiders and the NFL. [Sports Illustrated]
  • Editorial: don't let traffic tickets spiral into bankruptcy. [Las Vegas Sun]

Wednesday, December 12, 2018

Attorney Red Flags

KTNV has an article about what red flags to look for when choosing an attorney in Las Vegas. Craig Mueller, who was interviewed for the article identified a few things like the attorney won't answer/return your calls, won't see you, or won't give you requested documents. While we agree those might be some red flags once you have already chosen a lawyer, they may not be helpful in selecting the right lawyer the first time. What do you look for when choosing a lawyer? What would you recommend others look for? Are there really any red flags you can see before you establish the attorney-client relationship? 

Tuesday, December 11, 2018

Don't Steal From Clients


  • Attorney Matthew Dunkley, who may have stolen as much as $1.8 million from his clients, was arrested yesterday. [LasVegasNow; RJ]
  • A convicted child abuser lunged at prosecutors in court after Judge Jerry Wiese sentenced him. Video in the link. [I-Team]
  • A former federal prosecutor in Louisiana was disbarred for anonymous online posts about pending cases. [ABA Journal]

Monday, December 10, 2018

The Hottest New Job?


  • Scott Dozier's attempt to get out of isolation and off of suicide watch was denied. [Elko Daily]
  • Here's a look at the custody battle over a child with two biological moms. [KTNV]
  • There were nine applicants to fill the vacancy on the Court of Appeals created by the election of Abby Silver to the Supreme Court.  The applicants for the open seat are:      

    •  Bonnie A. Bulla, 56, Las Vegas, Eighth Judicial District Court, Office of the Discovery Commissioner
    •  Shawn M. Elicegui, 48, Reno, NV Energy, Inc.
    •  Charles Hoskin, 55, Las Vegas, Eighth Judicial District Court, Family Division, Dept. E
    •  John Hunt, 64, Las Vegas, Clark Hill PLLC
    •  Clark G. Leslie, Jr, 68, Minden, Nevada Attorney for Injured Workers
    •  Tracie K. Lindeman, 56, Carson City, Attorney
    •  Vincent Ochoa, 66, Las Vegas, Eighth Judicial District Court, Family Division, Dept. S
    •  Kevin Speed, 44, Las Vegas, Office of the Clark County Public Defender
    •  Jerry Wiese, 52, Las Vegas, Eighth Judicial District Court, Dept. 30


  • The Commission invites written public comments about the applicant qualifications.  Commission rules allow reference letters to remain confidential if requested by the letter writer. However, the Commission may discuss the contents of the letter with the applicant during executive session. Anonymous letters may not be considered at the discretion of the Commissioners. Submit letters of reference by 5 p.m. on January 4, 2019 to:

    Ms. Robin Sweet
    Secretary, Commission on Judicial Selection
    Nevada Supreme Court
    201 S. Carson St., Suite 250
    Carson City, Nevada, 89701

    Interviews to fill the open position are tentatively scheduled for the week of January 14, 2019, at the Supreme Court in Las Vegas, 408 E. Clark Ave., and will be open to the public. Once the interviews are complete, the Commission will consider and nominate three finalist names to Governor-elect Steve Sisolak for appointment to the Court of Appeals.

Friday, December 7, 2018

Hitting The Slopes


  • Here's the latest on the Boulder City crosswalk case and their attempt to disqualify Judge Richard Scotti. [BCR]
  • Editorial: even lawyers have first amendment rights. [RJ]
  • President Trump intends to nominate former Attorney General William Barr to serve as Attorney General. [KNPR]
  • Are the Big 4 preparing to take over big law? [Law.com]

Thursday, December 6, 2018

Hours of Operation 2018

A few years ago, some commenters were discussing the fact that some judges are off the bench quite a bit more than you might expect. Now, it's become a yearly tradition for us to discuss this topic each December.  So, are the judges generally spending enough time in the courtroom this year? Which judges should be spending a little more time on the bench? Is there a minimum standard? Which judges would you commend for making the best use of your time? Which judges are always late and don't respect your time?


Wednesday, December 5, 2018

National Day Of Mourning For George H. W. Bush


  • The Clark County Commission approved Darin Imlay as the new public defender despite criticism that the process lacked transparency. [TNI]
  • The Supreme Court just released its 2018 Annual Report. At the conclusion of the fiscal year, the State Court system had spend just over $55.5 million. Of almost 3,000 appellate cases, less than half were assigned to the Court of Appeals and a total of 112 opinions were authored between the two appellate courts last year. Give it a look and let us know if you find any other gems.
  • Reminder that federal courts and the US Postal Service are closed today for the national day of mourning. [LasVegasNow]

Tuesday, December 4, 2018

Shot Across The Bow


  • The Supreme Court issued a GVR order in Fleck v. Wetch (case about bar associations/free speech) sending it back down to the 8th Cir. for reconsideration in light of Janus. [PLF]
  • What can be done about millennial lawyers? [Above the Law]
  • What else is going on out there today?

Monday, December 3, 2018

20 Years Of Boyd


  • Joe Biden spoke at a fundraising gala for 20 years of Boyd Law School. [Las Vegas Sun]
  • Governor Brian Sandoval is joining the law school as a "distinguished fellow" in January. [KTNV]
  • Here's an oral history of how Nevada finally got a law school. [UNLV.edu]
  • Will the law change so that possession of small amounts of illegal drugs is not a felony? [Nevada Appeal]
  • One man would rather change his plea and face the risk of the death penalty than be sentenced by Judge Michelle Leavitt. [RJ]
  • Here's another look at the Ponzi scheme that was operating in our own backyard (and making campaign contributions to the mayor). [TNI]
  • RIP former President George H. W. Bush. [LasVegasNow]

Friday, November 30, 2018

Buying And Selling Cases

Another reader suggestion today:
There are so many attorneys in town no-one has ever heard of who magically have hundreds of cases in litigation, and many more hundreds in claims.  They do not advertise in any way, shape, or form, yet they have tons and tons of cases.  How?  They pay for them - tow truck drivers, ER nurses, body shop guys, insurance agents, etc.

And some of the billboard attorneys are the worst offenders.  Their billboards are just cover for what they're really doing (paying for cases).  And all the ones who do it could be caught very easily if the state bar would just look at their tax returns - because they all write it off as "advertising expenses" when they file taxes. 
It's a rampant problem and I'd love to see what additional information commentators add to the discussion if it were to be posted.  
Do you agree? Is this really a rampant problem or even a problem at all? 

Thursday, November 29, 2018

Secrets In Shared Spaces


  • President Trump's former attorney Michael Cohen plead guilty to lying to Congress. [Las Vegas Sun]
  • Former Las Vegas executive convicted in $1.5 Billion Ponzi scheme. [RJ]
  • We have not heard anything about the courts going to a 7-day work week as a commenter asked about. We do know that pre-filed bill AB46 seeks to increase the base salary for Supreme Court Justices, Court of Appeals Judges, and District Court judges by $30,000 each. Also, AB43 would increase the number of district court judges in Clark County from 32 to 38 for non-family court judges, and 20 to 29 for family court judges. Anyone aware about the 7-day work week rumor or any other proposed changes?
  • One of our readers has a question and is asking for your input:
"It is hard for me to get my head around managing confidentiality where lawyers from different firms share a physical space.  Phone calls overheard, stuff, left on printers, theoretically, even unlocked file cabinets are data security and confidentiality issues.  To make matters worse, what about spaces where non-lawyers (say a financial planning group) are in the same office?
I think of it as strict liability, if there is a breach, notwithstanding 1.6, it is the lawyer's fault no matter what policies or steps were taken.  Does that sound correct in practice?  Her's the question, would an NDA be worth the paper it is printed on if there was an allegation of disclosure between firms or businesses in an office space?"

Wednesday, November 28, 2018

Green Policy

One of our commenters had a great topic idea yesterday, so let's pose it to everyone:

"And speaking of marijuana, how are law firms, government offices, public interest entities, the judiciary, and others dealing with pot-smoking attorneys? Does anyone other than Clark County drug test attorneys as a condition of employment? Any restrictions by firms on pot use outside of working hours?"


Tuesday, November 27, 2018

InSight


  • Not only did UNR fall to UNLV last weekend, but they are struggling with hate speech versus free speech. [TNI]
  • Las Vegas City Marshals are issuing citations for feeding the homeless on the street. Tis the season? [News3LV]
  • Will we have marijuana lounges next year? [Fox5Vegas]
  • If we do, will that be the next "hot spot" for after-hours bar events?

Monday, November 26, 2018

Still November


  • Darin Imlay will lead the Public Defender's office starting in January. [RJ]
  • Judge Michelle Leavitt gave a woman the maximum sentence for the DUI death of an 8-year old. [Fox5Vegas]
  • President Trump criticized 9th Circuit judges; Chief Justice Roberts responded. [The Guardian]
  • Big Law is taking on President Trump on immigration. [Las Vegas Sun]

Wednesday, November 21, 2018

Thanksgiving 2018


  • Congrats to David S. Gibson, Jr. who as appointed by Governor Sandoval to the vacant seat on the Family Court bench. [News3LV]
  • A California man, represented by Adam Breeden, was awarded $524K by a jury in a suit against Mandalay Bay (who had offered to settle for $2.5 million prior to trial). [RJ]
  • A Henderson woman was sentenced to up to 15 years in prison for selling prescription drugs mixed with fentanyl. [Las Vegas Sun]
  • Happy Thanksgiving everyone! We are grateful that you read the blog. We are grateful that each of you cares about yourself and others. It's been a tough week and the holidays always add a little stress, but we hope you are able to enjoy the long weekend! 

Tuesday, November 20, 2018

RIP Laurel Davis Babero


From a statement sent out by the District Court of Nevada:
On behalf of the Bankruptcy and District Court families, we regret to inform you that Judge Laurel Elizabeth (Davis) Babero has passed away. Judge Babero accepted her appointment as a United States Bankruptcy Judge for the District of Nevada on July 12, 2013. On April 8, 2018, she and Andras F. Babero were married in New York City.Judge Babero practiced law for 26 years in Nevada and Arizona prior to taking the bench. The scope of her representation included debtors, individuals, trustees, committees and creditors in bankruptcy proceedings, as well as commercial litigation, arbitration, workouts and restructuring. She also served as a Chapter 11 trustee. Judge Babero is a Master with the Howard D. McKibben Inn of Court. She has held a business bankruptcy certification since 1993, from the American Board of Certification, which is accredited by the American Bar Association. Judge Babero was a friend and respected colleague who took her work seriously and was a joy to be around. We are grateful for her public service and she will be dearly missed by the Court family.
Chief District Court Judge Gloria M. Navarro
Chief Bankruptcy Court Judge Bruce T. Beesley

If any of you are struggling right now, please don't hesitate to ask for help.  If any of you are not struggling right now, consider reaching out to those people in your life who might be. A quick message or phone call goes a long way.

Confidential help from a fellow lawyer is a phone call away
Toll Free: 866-828-0022
Any lawyer in need of confidential assistance with alcohol, drug, gambling problems, depression and stress: help is a phone call away. The LCL hotline will put you in touch with a peer who understands the issues of lawyers today. When you call, all you have to leave is your first name and telephone number, and someone with experience and who understands will call you back.  You will be listened to with understanding and support by someone who will give you resources you may not know exist out there. One new benefit of this program is three free therapist sessions for support during stressful events. More details at the link above.
Call 1-800-273-8255
Available 24 hours everyday

Monday, November 19, 2018

Police Chase


  • Judge Jennifer Dorsey sentenced a man to 22 months in prison and $3.2 million in restitution for conspiring to hide assets from litigants and creditors. [Washington Times]
  • As some of you already saw, the Supreme Court reversed the dismissal of Alexis Plunkett last week. [Fox5Vegas]
  • Steve Wynn is trying to keep Massachusetts gaming regulators from disclosing attorney-client privileged information. [Boston Herald]
  • Here's a look at the first batch of bills brewing for the 2019 legislative session. [TNI]
  • Ever wanted to know what it's like to be in a police chase? [News3LV]

Friday, November 16, 2018

The Drama Continues


  • The Boulder City crosswalk drama continues--now Boulder City is seeking to disqualify Judge Richard Scotti! [BCR]
  • A federal judge handed Jim Acosta and CNN a (temporary?) victory against Donald Trump by granting a TRO and ordering Acosta White House press pass be restored. [CNBC]
  • Another round of golf course/development fights is going to start--this time regarding Black Mountain Golf and Country Club. [News3LV]

Thursday, November 15, 2018

Laughing Stock Of The World


  • An interview with Aaron Ford reveals his priorities as AG. [TNI]
  • James Leavitt, the attorney for Colleen's Classic Consignment, is urging customers to get consult an attorney. [LasVegasNow]
  • Daniel Price and Christopher Beckstrom are representing The Black Batman--a Strip performer in a lawsuit against Hershey's for putting his image on a bottle of chocolate syrup. [KTNV]
  • At least we're not Florida--the "laughing stock of the world" according to one federal judge. [Fox5Vegas]

Wednesday, November 14, 2018

Job Tips: Holiday Parties

It's that time of year again when the evening are abounding with holiday parties. One of our readers wants to know your thoughts on the best way to use those holiday parties to generate leads and work. Is it appropriate to talk shop at holiday parties? Do you have any tips or tricks? Any suggestions about which parties to attend when there are competing events?

Tuesday, November 13, 2018

Excelsior


  • Magistrate Peggy Leen orders UMC to pay $820,000 in sanctions and attorney fees in a wages case. [KNPR]
  • A limo driver told another driver who was DUI to leave the scene. [Fox5Vegas]
  • The ouster of Jeff Sessions was good for marijuana? [Las Vegas Sun]
  • How legislative and commission vacancies are filled. [TNI]

Monday, November 12, 2018

Veterans Day 2018 (Observed)

The courts are closed today in observance of Veterans Day. Hopefully some of your offices are closed as well. We would like to take this opportunity to recognize the service and great sacrifice of the many veterans in our community.  Thank you to you and your families.

Here's a story reflecting on the fact that it has been 100 years since World War I ended. [TNI]

Friday, November 9, 2018

Toys For Tickets


  • Turn-out and voting site changes to blame for long lines at the polls Tuesday? [Las Vegas Sun]
  • At least one candidate (who lost by 28 votes) is seeking a recount. [KNPR]
  • Pay your parking tickets with toys in Las Vegas! [KTNV]
  • The legal battle over Save Red Rock is over? [RJ]

Thursday, November 8, 2018

Thousand Oaks


  • With Abbi Silver's "election" to the Supreme Court official, there is now an opening on the Court of Appeals. If you want the job, you need to get your application in by 5 pm on December 7 so the Commission can narrow the list down to three people for Governor-elect Sisolak to appoint someone. [nvcourts]
  • Jeff Sessions is no longer the US Attorney General. [NY Times]
  • Justice Ruth Bader Ginsburg fell in court and fractured three ribs. [CNBC]

Wednesday, November 7, 2018

A Blue Day In Nevada


  • The results are in and we can all relax now!? Clark County results here; statewide results here.
  • Congratulations to everyone who won last night. We'll hit a few of the highlights below.
  • Elissa Cadish, Lidia Stiglich, and Abbi Silver are all new additions to the Supreme Court. For the first time in history, a majority of the justices will be women.
  • Mary Kay Holthus managed to unseat Mark Bailus for a seat on the district court bench.
  • Elana Lee Graham soundly defeated James Dean Leavitt to win the coveted seat in Las Vegas Justice Court Department 1.
  • In one of the closest statewide races, Aaron Ford pulled out the win against Wes Duncan.
  • While Adam Laxalt and Michael Roberson both lost, there were several other Nevada attorneys who won different positions including Justin Jones, Shea Backus, Ozzie Fumo, etc.
  • The ballot questions went as most of you expected.
  • What are your thoughts about the results? What can we expect from the 2019 legislature?

Tuesday, November 6, 2018

Election Day 2018


  • The end of a long midterm campaign season is finally here. Clark County results will be available here and statewide results available here after the polls close tonight at 7 pm.
  • Do any of you do any election-related lawyering on election day?
  • Any special plans to celebrate?

Monday, November 5, 2018

Predictions


  • The I-Team issued a correction on the story about Judge Jerry Tao's work attendance after being contacted by his nameless lawyer.  Did it help? [I-Team]
  • MGM Resorts is wising up and moving toward mediation with shooting survivors. [Forbes]
  • The Supreme Court upheld a jury award giving Gordon & Rees over $250,000 against a former client with unpaid fees. [Law360-sub. req'd]
  • Here are Ralston's predictions for tomorrow's election? Any predictions of your own? [TNI]

Friday, November 2, 2018

Day Of The Dead


  • Today is the last day of early voting. The end is near!
  • A Las Vegas jury found the state liable to the tune of $9 to $22 million dollars for putting mental hospital patients on buses with one-way tickets to out-of-state cities. [Las Vegas Sun]
  • Jeffrey Berns, a lawyer and cryptocurrency millionaire, is heading up Blockchains LLC--a company with big plans in Northern Nevada. [TNI; NYT]
  • Just one published decision from the Nevada Supreme Court yesterday dealing with due process and medical licenses. [nvcourts]
  • David Humke, a family court judge in Washoe County is facing discipline for mishandling cases. [RGJ]
  • Here's a look at solicitations that new homeowners get to pay for extra documents. [I-Team]

Thursday, November 1, 2018

All Saints' Day


  • The I-Team story alleging Judge Jerry Tao takes care of personal matters during business hours appears to have been removed from the website. Conspiracy theorists, start your engines!
  •  Family Court Judge Cynthia Giuliani continued her annual tradition of dressing up as a fairy godmother to grant adoptions on Halloween. [LasVegasNow]
  • Ryan Bundy is suing the U.S. for its standoff prosecution. [CNS]
  • What else is going on out there on this fine, first day of November?

Wednesday, October 31, 2018

Halloween 2018


  • A blistering decision by Judge Richard Scotti is vindication for Steven Stubbs and his client in the Boulder City crosswalk case. [I-Team]
  • Uber and Lyft drivers are picking up unaccompanied minors. [KTNV]
  • Former DA David Roger analyzes a recent "self-defense" killing. [Fox5Vegas]
  • Remember to watch out for trick or treaters tonight and if you manage to find yourself having one too many to drink on a Wednesday night Halloween, good for you, but please don't drive.

Tuesday, October 30, 2018

Gamblers' Court


  • Here's a look at the new gambling specialty court. [Las Vegas Sun]
  • 2000 Olympic bronze medalist and lawyer Tasha Schwikert-Warren, and her sister, filed suit against USA Gymnastics, the US Olympic Committee, and Larry Nassar. [KTNV]
  • President Trump is talking about trying to void the 14th amendment and birthright citizenship through executive order. [KNPR]
  • A local consignment shop suddenly closed this weekend leaving its customers in limbo. [LasVegasNow]

Monday, October 29, 2018

Taking Care Of [Personal] Business


  • Does Judge Jerry Tao take care of too much personal business during the business day? [I-Team]
  • The Supreme Court issued an opinion about the open records law and CCSD. [Nevada Appeal]
  • MGM headed to mediation for the shooting cases. [US News & World Report]
  • The race for Justice Court Department 1 between Elana Lee Graham and James Dean Leavitt is heating up. [RJ]
  • Attorney Jenny Foley is representing a female firefighter who is alleging a revenge porn scandal at Las Vegas Fire & Rescue. [KTNV]
  • If you didn't already, go check out the post from last Friday about ADKT 0499 and the Nevada Bar's proposal about taking over the CLE board. 

Friday, October 26, 2018

Nevada Day 2018 (Observed)

Happy Nevada Day! Hopefully those of you stuck in the office are enjoying a slow day. Here's a little something to talk about.

On November 5, 2018, there will be a public hearing regarding ADKT 0499. As you may recall, ADKT 0499 deals with the CLE Board. About a dozen comments were filed. One that you might be interested in was the comment submitted by Board of Governors president Richard Pocker. It proposes an alternate governance model where the CLE board would be folded into and become employees of the State Bar of Nevada. Anyone see any issues with this?

Wednesday, October 24, 2018

Peaches And Star


  • The Nevada Commission on Judicial Selection submitted three names to Governor Sandoval for the family court vacancy caused by Judge Jennifer Elliot's retirement:  Soonhee Bailey, David S. Gibson, and Shann Dee Winesett. [nvcourts.gov (includes who was on the committee)]
  • Here's a story about a pregnant horse and a legal dispute between two friends. [KTNV]
  • Explosive devices sent to Obama; Clintons; and CNN. [Las Vegas Sun]

Tuesday, October 23, 2018

Mega Billions


  • A hearing about proposed amendments to the Nevada Rules of Appellate Procedure (ADKT 0501) is set for November 5, 2018, at 3 pm. [nvcourts]
  • Sandra Day O'Connor has the beginning stages of dementia--"probably Alzheimer's." [Las Vegas Sun]
  • How to keep the $1.6 Billion Mega Millions jackpot from ruining your life. One of the early steps--hire a lawyer! [NY Times]

Monday, October 22, 2018

Early Voting FTW?


  • Early voting is open. Looks like record breaking turnout so far. Do you vote early or wait until election day just in case there is a last minute surprise? [Las Vegas Sun; Fox5Vegas]
  • Here's a few questions and answers for the Supreme Court Seat G candidates Stiglich and Harter. [Nevada Appeal]
  • What did you think about the hearing on the proposed changes to the NRCP? 

Thursday, October 18, 2018

Judicial Election Primer 2018- Nevada Supreme Court Seat 'G'- Stiglich v. Harter

With early voting just two days away, today we turn to the judicial race for Seat "G" on the Nevada Supreme Court:  Justice Lidia Stiglich or Matthew Harter.  (Here's an article from the Nevada Current looking at both Supreme Court races.)

This is your opportunity to weigh in and let your fellow lawyers and community members know why they should pick one over the other. Please keep your comments informative and professional. This is not a thread for personal attacks, but rather a chance to explain why someone should be elected.

Who is your choice for this spot on the bench?

Wednesday, October 17, 2018

General Election Primer 2018- Ballot Questions 4, 5, & 6

Same drill as yesterday:  feel free to weigh in on Ballot Questions 4, 5, and 6.

TATE QUESTION NUM. 4 Amendment to the Nevada Constitution
Shall Article 10 of the Nevada Constitution be amended to require the Legislature to provide by law for the exemption of durable medical equipment, oxygen delivery equipment, and mobility enhancing equipment prescribed for use by a licensed health care provider from any tax upon the sale, storage, use, or consumption of tangible personal property?

STATE QUESTION NUM. 5 Amendment to Title 24 of the Nevada Revised Statutes
Shall Chapter 293 of the Nevada Revised Statutes be amended to automatically register an eligible person to vote or update the person’s existing voter registration information if the person applies to the Department of Motor Vehicles for the issuance or renewal of or change of address for any type of driver’s license or identification card, unless the person affirmatively declines in writing to apply to register to vote or have his or her voter registration information update? 

STATE QUESTION NUM. 6 
Amendment to the Nevada Constitution
Shall Article 4 of the Nevada Constitution be amended to require, beginning in calendar year 2022, that all providers of electric utility services who sell electricity to retail customers for consumption in Nevada generate or acquire incrementally larger percentages of electricity from renewable energy resources so that by calendar year 2030 not less than 50 percent of the total amount of electricity sold by each provider to its retail customers in Nevada comes from renewable energy resources?

Tuesday, October 16, 2018

General Election Primer 2018- Ballot Questions 1, 2, & 3

There are six general election ballot questions this year.  You can view the explanations and arguments, as well as the full legal text here. Today we'll take a look at the first three:

STATE QUESTION NUM. 1 Amendment to the Nevada Constitution
Senate Joint Resolution No. 17 of the 78th Session
Shall the Nevada Constitution be amended to: (1) remove existing provisions that require the Legislature to provide certain statutory rights for crime victims; and (2) adopt in their place certain expressly stated constitutional rights that crime victims may assert throughout the criminal or juvenile justice process?
STATE QUESTION NUM. 2 Amendment to the Sales and Use Tax Act of 1955
Senate Bill 415 of the 79th Session
Shall the Sales and Use Tax Act of 1955 be amended to provide an exemption from the taxes imposed by this Act on the gross receipts from the sale and the storage, use or other consumption of feminine hygiene products?
STATE QUESTION NUM. 3 Amendment to the Nevada Constitution
Shall Article 1 of the Nevada Constitution be amended to require the Legislature to provide by law for the establishment of an open, competitive retail electric energy market that prohibits the granting of monopolies and exclusive franchises for the generation of electricity

Ballot Question 1 is Marsy's Law (victim's bill of rights) and is, perhaps, the one that lawyers are most qualified or best positioned to opine on. What do you think?  Ballot Question 3 about energy is also getting a lot of attention. How do you think people should vote and why?

Monday, October 15, 2018

Cooling Down


  • The Nevada Commission on Judicial Discipline is looking into whether Judge Tao improperly used partisan language on a campaign flyer. [RJ]
  • Here's a look at Coyote Springs and the battle over water rights. [TNI]
  • The problem with e-scooters. [KNPR]
  • This Friday is the public hearing about the proposed revisions to the Nevada Rules of Civil Procedure. Are you ready?

Friday, October 12, 2018

Efficient Use Of Time


  • Don't forget that tonight is the 22nd Annual CPK Open House/Party. You're all invited! 501 S. 8th St., 5 pm - 11 pm.
  • According to the CLIO 2018 Legal Trends report, lawyers only spend about 30% of their day on billable hours.  [Law360- sub. req'd]
  • Member of the State Bar of Nevada Board of Governors Andrew Craner posted the following in the comments yesterday:
The Supreme Court of Nevada issued its Order in ADKT 0534 denying the Board of Governors' Petition to mandate professional liability insurance for all Nevada attorneys. I am very pleased by the Court's ruling and thank everyone who submitted comments to the Court on this issue. 

The Nevada Board of Continuing Legal Education recently resubmitted its Request to the Supreme Court under ADKT 0499 that would amend the current CLE rules and regulations regarding the recently-imposed fees upon attorneys and providers for individual programs. Please be reminded that the CLE Board is separate and apart from the SBN Board of Governors.  
My biggest concern is the CLE Board's proposed virtual elimination of the fee exemptions it granted to the SBN, local bar associations, and non-profit providers. I ask that you please review the CLE Board's Request and submit comments to the Supreme Court in opposition to the CLE Board's Request. With your support, I am hopeful that members of our bar can once again convince the Supreme Court to deny another unsuitable amendment to our rules that, in my opinion, hurts and does not benefit our profession. Thank you for your kind consideration and assistance.

Thursday, October 11, 2018

Bar Exam Results July 2018


  • July 2018 bar exam results are out with a 57% pass rate. 
  • What do you think? Is the exam too tough? Do we have too many lawyers?

Wednesday, October 10, 2018

Special Treatment


  • Did you know we have a family treatment drug court? It was just awarded $874,097 Department of Justice grant. [eighthjdcourt blog]
  • DETR is taking Telsa to court over $650,000 of unpaid unemployment taxes. [TNI]
  • Check out this flow chart to help your clients determine if they have the right to vote in Nevada. [TNI]
  • Here's a look at the possible legal fallout from the post-fight McGregor-Khabib brawl. [SI]
  • The US Supreme Court is considering a case on the detention of immigrants. [Las Vegas Sun]
  • Judge Jim Crockett reversed his ruling nullifying an election result. [KTNV]
  • Did Metro give special attention to crime in the Sheriff's own neighborhood? [KTNV]

Tuesday, October 9, 2018

Judicial Election Primer 2018- Las Vegas Justice Court Department 1- Graham v. Leavitt

The Las Vegas Justice Court Department 1 race features Elana Graham and James Dean Leavitt.

This is your opportunity to weigh in and let your fellow lawyers and community members know why they should pick one over the other. (A lot of people view these posts and it tends to show up near the top of Google search results, so make it count.) Please keep your comments informative and professional. This is not a thread for personal attacks, but rather a chance to explain why someone should be elected.

Who is your choice for this spot on the bench?

Monday, October 8, 2018

Justice Kavanaugh


  • Bret Kavanaugh was sworn in as the newest Supreme Court justice Saturday. [KNPR]
  • A man was acquitted of attempted murder after trying to shoot a shoplifting suspect at Target. [RJ]
  • A man sues after being mistakenly jailed in rural Nevada counties for 18 days. [KNPR]
  • Anyone care to weigh in on the race for Boulder City Justice Court between Justice Victor Miller and Robert D. Martin? [BCR]
  • Any gossip from the NJA Convention Craig P. Kenny party last week?  [ed. Just making sure you're paying attention.  The 22nd Annual Craig P. Kenny & Associates Open House is October 12, 2018, 5-11 p.m.
  • Happy Columbus Day? [Washington Post]

Thursday, October 4, 2018

Happy Days


  • A woman, represented by Les Stovall, is accusing Christiano Ronaldo of sexual assault. [ESPN]
  • Litigation is ongoing in a golf course v. water district dispute in Mesquite. [Mesquite Local News]
  • The Senate is reviewing the FBI's confidential report on Bret Kavanaugh on an alternating schedule. Any predictions on when it will leak or what will happen next? [NBCNews
  • Is there going to be a gubernatorial debate between Sisolak and Laxalt? [RJ]
  • The Golden Knights officially start season 2 tonight. 

Wednesday, October 3, 2018

Judicial Election Primer 2018- District Court Department 18- Bailus v. Holthus

The Department 18 race features Judge Mark Bailus and Mary Kay Holthus

This is your opportunity to weigh in and let your fellow lawyers and community members know why they should pick one over the other. Please keep your comments informative and professional. This is not a thread for personal attacks, but rather a chance to explain why someone should be elected.

Who is your choice for this spot on the bench?

Tuesday, October 2, 2018

Judicial Election Primer 2018- Nevada Supreme Court Seat 'C'- Cadish v. Tao

With early voting just a few weeks away, today is a great day to start looking at the races on the ballot this fall.  In light of their recent forum/debate [TNI], we thought why not start with the big ticket judicial race for Seat "C" on the Nevada Supreme Court:  Elissa Cadish or Jerry Tao

This is your opportunity to weigh in and let your fellow lawyers and community members know why they should pick one over the other. Please keep your comments informative and professional. This is not a thread for personal attacks, but rather a chance to explain why someone should be elected.

Who is your choice for this spot on the bench?

Monday, October 1, 2018

Vegas Stronger


  • One year later. KTNV has a nice collection of stories about all the good going on to remember the 58 who lost their lives and the hundreds who were injured.
  • Judge Elizabeth Gonzalez rules that the State cannot use a drug it obtained for the execution of Scott Dozier. [LA Times]
  • Judge Jim Crockett is entertaining a motion to reconsider his ruling nullifying an election result. [KNPR]
  • MGM faces skepticism on centralizing suits regarding the shootings in California. [Law360- sub. req'd]
  • If you spend a lot of time worrying about, OBC, you'll want to know that, last week, the Nevada Supreme Court issued an opinion in Hall, Prangle, & Schoonveld, LLC v. Dist. Ct., Case 70083. In it, the Court addresses a scenario wherein the Discovery Commissioner sanctioned a party and recommended that the District Court hold an evidentiary hearing to determine whether case terminating sanctions for a failure to disclose were appropriate.  When Judge Scotti also found that the attorneys violated Nevada Rules of Professional Conduct 3.3, the firm challenged the lack of notice that its actions were at issue.

Friday, September 28, 2018

Confirmation Day?


  • It looks like Kavanaugh may make it out of committee today. What do you think will happen? [KNPR]
  • Were you the least bit curious about Rachel Mitchell--the prosecutor that questioned Dr. Ford on behalf of Republican senators yesterday? [LasVegasNow]
  • Some new fire sprinkler work for the construction defect lawyers? [KTNV]
  • There are only a few days left for people who attended the Route 91 Harvest festival to apply for assistance. [News3LV]

Thursday, September 27, 2018

Trust The System


  • Judge Stefany Miley sentenced suspended attorney Vicki Greco to 90 days in jail and 5 years probation. [RJ]
  • Nevada's rural counties are struggling to provide public defenders. [RGJ]
  • The father of the boy who brought a gun to school last week is being charged with child abuse by the DA. [Fox5Vegas]
  • Almost 60 female Nevada attorneys signed on to a letter calling for a thorough investigation into the claims against Supreme Court nominee Brett Kavanaugh. [TNI]
  • There is a liveblog over at SCOTUSblog regarding the Kavanaugh confirmation hearing today. As always, you're welcome to discuss it in the comments below as well.

Tuesday, September 25, 2018

Fair And Credible


  • Sentencing of Bill Cosby is under way in Pennsylvania. [AP News]
  • What do you think about the fact finding review of the death of Tashii Farmer yesterday? [News3LV]
  • Are you ready to discuss the proposed changes to the NRCP? [CCBA]
  • While it was discussed in the comments recently, it appears that not all of you were aware about the discipline James Pengilly got for the incident with a gun a deposition. [ABA Journal]
  • The latest on the Kavanaugh situation. [FoxNews; NYTimes]

Monday, September 24, 2018

Autumn Is Here


  • Judge Richard Boulware wants more documents and testimony before deciding whether October 1 negligence cases should be in federal or state court. [US News]
  • This Friday, the 28th, the Federalist Society is hosting a Supreme Court candidate forum at Fogo de Chao for $20 which includes lunch and 1 CLE credit. RSVP by tomorrow.  [Federalist Society]
  • Washoe County Family Court Judge Charles Weller was fined $2500 and ordered to attend classes for his remarks about putting women "back in their place." [Las Vegas Sun]
  • In light of the discussion about the latest on the Kavanaugh confirmation hearings, a local attorney, who wants to remain anonymous, wanted to share her #whyididntreport story:

Friday, September 21, 2018

SCOTUS Bar Crawl

SCOTUS has set for conference Monday, September 24, 2018, the cert petition in the suit brought by North Dakota lawyer Arnold Fleck against the North Dakota Bar challenging bar dues use and lawyer First Amendment free speech and associational infringements. The questions presented are:

1. Does it violate the First Amendment for state
law to presume that Petitioner consents to subsidizing
non-chargeable speech by the group he is compelled to
fund (an “opt-out” rule), as opposed to an “opt-in” rule
whereby Petitioner must affirmatively consent to subsidizing
such speech?

2. Should Keller v. State Bar of Cal., 496 U.S. 1
(1990), and Lathrop v. Donohue, 367 U.S. 820 (1961), be
overruled insofar as they permit the state to force Petitioner
to join a trade association he opposes as a condition
of earning a living in his chosen profession?

A copy of the cert petition is here.

SCOTUS September 24th conference cases, including Fleck v. Wetch can be accessed here.

The Pacific Legal Foundation's Debra La Fetra has a good overview of the case and a link to the PLF amicus in support of Fleck here.

Thanks to Mauricio Hernandez for the tip.

Wednesday, September 19, 2018

Your Votes Don't Count


  • Judge Jim Crockett nullified the results of a Republican primary election for state Assembly District 5. [RJ; KNPR]
  • Former DA David Roger talks about what went wrong in the second Binion trial. [LasVegasNow]
  • What are your predictions about the Kavanaugh confirmation proceedings? [SCOTUSblog]

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.