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Nevada Litigation Blog

Public Works Arbitration Statute Held to be Ambiguous in Nevada

Written by: Gene Backus

May an public owner in Nevada refuse arbitration and preserve its right to a jury trial? The answer is no according to a recent decision of the Nevada Supreme Court.

In Harris Associates v....

Small Business Entitled to Day in Court

Written by: Gene Backus

In Las Vegas, Nevada, small businesses have always been able to seek resolution of disputes in the District Court, County of Clark as long as their dispute involved damages likely to exceed...

Proposed Changes to Bankruptcy A Mixed Bag for Creditors

Written by: Edgar Carranza

Proposed changes to federal bankruptcy law will make it easier for unsecured creditors to receive payment in bankruptcy. But secured creditors - especially home mortgage companies - may...

2012 Top Rated Lawyers Guide to Healthcare Law

Gene Backus Selected at Top Rated Healthcare Lawyer for 2012

Mr. Backus was recently selected to appear in Corporate Counsel’s 2012 Top Rated Lawyers Guide to Healthcare Law.  He will be featured on corpcounsel.com...

National Business Institute Seminar

Gene Backus conducted an national telephonic seminar with West Education Law Center and National Business Institute on January 12, 2012.  The program was a 1 1/2 hour presentation titled Winning the Case at Summary...

DRI’s “Voice” mentions Backus, Carranza & Burden victory

The “Voice of the Defense Bar,” an online publication of DRI—the international membership organization of lawyers involved in the defense of civil litigation – published news of one of our recent victories in...

Nevada Supreme Court Clarifies Enforceability Of Restrictive Covenants When Employer Is Acquired

Tough economic climates often bring with them opportunities for companies to acquire competitors that can benefit their organization.  More often than not, the competitors have restrictive covenants with their...

Nevada Supreme Court Rejects Dram-Shop Liability Involving Minor Patron

In the case of Martin Rodriguez v. The Primadonna Company, LLC,  125 Nev., Advance Opinion 45   the  Nevada Supreme Court recently affirmed the Eighth Judicial District Court’s summary judgment in favor of...

New (And Differing) Statutes Of Limitation For Equitable Indemnity And Contribution Claims

Equitable Indemnity and contribution are two common causes of action available to a defendant seeking recovery against a co-defendant/third-party defendant which owed no duty to defendant or with which no privity of...

Pharmacy Liability to Third Parties

Nevada Supreme Court Rejects Liability For Pharmacies to Third Parties Injured by Patients Under Influence of Prescription Drugs

Nevada has long been a jurisdiction that does not recognize “dram-shop liability.” ...

The Alter Ego Doctrine and Limited Liability Companies

Business Formation Concerns:  The Problem of the Applicability to Limited Liability Companies of the “Alter Ego” and “Piercing the Corporate Veil” Doctrines

One of the more popular business entity forms in Nevada...

Does there have to be insurance coverage as a prerequisite to an unfair claims practices action?

 

Even in the absence of coverage, an insured can bring a claim for breach of Nevada’s Unfair Claims Practices Act against an insurer

In an effort to ensure fair dealings with insureds by their insurers, in 1975 the...

Supreme Court Rule on Mixed Motives Jury Instruction in Age Discrimination Case

In Gross v. FBL Financial Services, 129 S.Ct. 2343 (June 18, 2009), the plaintiff sued his employer claiming that his demotion was in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”) which...

Cumulative Impact Claims – What are they all about?

When Does a Contractor Make a Cumulative Impact Claim?

 

When you are on a job that has way too many change orders, a significant number of change orders that you really never anticipated would arise, you might be...

Admission of Arbitrator’s Findings in Jury Trial Following Short Trial is Constitutional

 The Nevada Supreme Court upheld the constitutionality of NRS 38.259(2) which required the admission into evidence of the arbitrator’s findings entered at the conclusion of a mandatory nonbinding arbitration...

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