The Service Members Civil Relief Act of 2003 (SCRA) formerly known as the Soldiers’ and Sailors’ Civil Relief Act of 1940 (SSCRA) is a federal law that gives all military members some important rights as they enter active duty and while on active duty. It covers such issues as rental agreements, security deposits, prepaid rent, [...]
On November 25, 2009, the Nevada Supreme Court addressed an appeal on a lawsuit which was dismissed under Nevada’s anti-SLAPP statute. Nevada adopted a statute similar to several other states, which protects against a meritless suit filed primarily to chill the defendant’s exercise of First Amendment Rights, such as when a citizen makes a report [...]
In the medical malpractice arena, the Nevada Supreme Court has confirmed the Legislature’s speed bump to consumers trying to recover damages from Nevada doctors or dentists for injuries caused by their professional negligence. Since this is the first time the Court has looked at the new legislation passed to keep doctors from fleeing Nevada, it [...]
On Thursday, November 12, 2009, the Nevada Supreme Court gave its ruling in an international family law matter, commonly known as Ogawa v. Ogawa. This case involved three distinct issues effecting a child custody dispute and division of community property in a divorce action. Under the facts of this case, a now-Nevada resident was divorcing [...]
Certainly, alternative dispute resolution is not a new concept in the realm of law. Many small business owners are aware of the different forms of alternative dispute resolution: mediation, arbitration, or some hybrid of the two. Nonetheless, it is worth a reminder that mediation as a form of alternative dispute resolution can be a good [...]
Dobran v. Bunch, 125 Nevada Advance Opinion Number 36
On September 10, 2009, the Nevada Supreme Court adopted the Restatement (Third) of Suretyship and Guaranty section 14 (1966) on interpretation of guaranty agreements, at the same time as it abandoned the prior Nevada distinction between a guarantor who was compensated and one who is not, and [...]
Webb V. Clark County School District
125 Nevada Advanced Opinion Number 47
On October 8, 2009, the Nevada Supreme Court made a ruling in the above-referenced action, which clarifies the law in some areas. This case arose out of a confrontation between a teacher and a student, with the student seeking damages.
First, the Court determined that the [...]
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