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.