Enforcement of Foreign Judgements in Nevada

Article IV, Section 1 of the Constitution of the United States requires each state to give full faith and credit to the official acts and judgments of every other state. The “full faith and credit” clause unites the states in a very practical way, and is meant to prevent abuses of jurisdiction experienced during the […]

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Nevada’s Foreclosure Mediation Program (FMP); Einhorn v. BAC Home Loans

Nevada’s Foreclosure Mediation Program/ Einhorn v. BAC Home Loans, Supreme Court Dec. 6, 2012 ARTHUR EINHORN, Appellant, vs. BAC HOME LOANS SERVICING, LP, Respondent. No. 57875 (128 Nev. Advance Opinion 61) Dec. 6, 2012. The Einhorn decision originated in the new Nevada Foreclosure Mediation Program (FMP). When mediation did not produce a loan modification as […]

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Setting Aside Default Judgments under FRCP 60(b) (Sample Form Opposition)

LEGAL ARGUMENT A. Defendant’s Motion to Dismiss or, Alternatively, to Set Aside Default Judgment is Woefully Late under Fed. R. Civ. Proc. 60(b), and Therefore Must Be Denied. i. Defendant Was Well-Aware of the Summons and Complaint as well as the Judgment Against Him in 2006 and 2007. Mr. B, through counsel, has filed the […]

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Sample Points And Authorities In Opposition To TRO To Enforce Covenant Not To Compete

Before analyzing the enforceability of the subject non-compete clause in the Agreement, it should be noted that Plaintiffs are not even proper parties in interest to bring the present action. NRCP Rule 17(a) states that every action shall be prosecuted only by the real party in interest. This important principle of law was recognized in […]

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Sample Motion To Compel Mediation And Stay Litigation When There Is No Arbitration Clause

The Residential Purchase Agreement, a true and correct copy of which is attached hereto as Exhibit “A,” contains a mandatory mediation provision in paragraph 18 which provides as follows: 18. DEFAULT: A. MEDIATION: Before any legal action is taken to enforce any term or condition under this Agreement, the parties agree to engage in mediation, […]

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