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.  

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.