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Backus Carranza Publications

No New Exception To Employment At-Will Doctrine For Attempting To Organize Fellow Employees: 01/03/12

"No New Exception To Employment At-Will Doctrine For An Employee Terminated For Attempting To Organize Fellow Employees"

The Nevada Supreme Court declined to recognize a new exception to the employment...

Health Care Professionals Can Testify About Their “Habit” To Help Establish Compiance: 09/05/11

"Health Care Professionals Can Testify About Their "Habit" To Help Estabilsh Compliance With The Standard Of Care"

Health care professionals often cannot recall specific patients who they treat on one or a few...

Nevada Supreme Court Clarifies Enforceability Of Restrictive Covenants When Employer Is Acquired: 10/14/10

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...

The Cumulative Impact Claim: Where Do We Stand In 2010? - Defense Counsel Journal: 04/14/10

Article Summary / Conclusion (downlad full article as a PDF file)

Cumulative impact is the disruption that happens between multiple change orders and basic work, but does not include local disruption directly...

Nevada Indemnity and Additional Insured Endorsement Law: 02/22/10

NEVADA

Common Law Indemnity in Nevada

            Noncontractual Indemnity

In Nevada, the law of indemnity is based upon the common law and contract law.  Nevada has not followed the trend in many states to...

How the Cumulative Impact Claim May Affect Your Company: 12/29/09

When multiple Change Orders negatively impact a construction project, particularly a larger, complex one, such as a stadium, mall or hotel gambling complex, the builder may claim damage resulting from ‘cumulative...

Age Discrimination In ADEA Does Not Protect Younger Workers: 12/02/09

In General Dynamics Land Systems, Inc. v. Dennis Cline, 2004 WL 329956, the United States Supreme Court recently clarified a long-standing dispute surrounding the applicability of the protection provided by the...

Harassment is Actionable under Title VII of the Civil Rights Act: 12/02/09

Generally, sexual harassment is a component of discrimination based on sex. The origin of the hostile environment sexual harassment claim can be traced back to Meritor Savings Bank v. Vinson, 477 U.S. 57, 106...

Employment Retaliation Standards Set By United States Supreme Court: 12/02/09

For years employers have debated the extent to which one can rightfully make personnel decisions that affect an employee who has previously been engaged in some protected activity without it being deemed employment...

Employers Can Be Sued For a Hostile Environment: 12/02/09

Employers are often under the misconception that if an employee complains about a perceived discriminatory action or harassment, which turns out to be baseless, their subsequent conduct with respect to that employee...

Mechanic’s Lien Law Allows Equipment Rental Companies to File Liens: 12/02/09

Under Nevada's new mechanic's lien law, a company which rents equipment that is used to improve real property now has the right to file a mechanic's lien.

The revised NRS 108.22124 defines equipment to include...

Public Works Arbitration Statute Held to be Ambiguous in Nevada: 12/02/09

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. Clark County School...

Small Business Now Entitled to Day in Court in all Cases: 12/02/09

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 Ten Thousand and 00/100...

Proposed Changes to Bankruptcy A Mixed Bag for Creditors: 12/02/09

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 be worse off

Both the House...

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