Does the Economic Loss Rule Apply to Professional Liability Claims? An Analysis.

Nevada law generally provides that a party who has no privity of contract with a defendant, and who is therefore suing in tort, not contract, is required to allege that the defendant’s conduct caused some personal injury or property damage in order to state a viable negligence claim, and cannot sue in negligence for purely […]

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Basics of Nevada’s Mechanic’s Liens. Part 1. What is a Mechanics Lien

Basics of Nevada’s Mechanic’s Liens. Part I. What is a Mechanic’s Lien A mechanic’s lien is a non-voluntary pre-judgment security interest governed by statute. Mechanic’s liens provide qualified claimants who have provided certain types of material or services related to a construction project with a security interest in the property where the construction project was […]

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The Need for Civility and Ethics in the Practice of Law

SPEECH TO NEW ATTORNEYS Regarding Ethics and Civility in the Law: NEVADA FEDERAL COURT By G. Mark Albright, Esq. It is a pleasure to be among the first to congratulate you, the newest members of the State Bar and Federal Bar of Nevada. I also extend a warm welcome to all of the relatives and […]

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Sample Motion To Transfer Federal Venue From California To Nevada (In Las Vegas)

II. LEGAL ARGUMENT in SUPPORT OF MOTION TO TRANSFER VENUE TO DISTRICT OF NEVADA For the convenience of the parties and in the interest of justice, the Court should transfer this case to the U.S. District Courts located in the District of Nevada (Las Vegas), pursuant to 28 U.S.C. § 1404. That statutes provides that […]

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Nevada’s Modified Comparative Negligence Doctrine

A. Nevada’s Modified Comparative Negligence Doctrine Nevada has adopted the doctrine of modified comparative negligence. Nev. Rev. Stat. Ann. § 41.141 (Michie 1996), quoted below. Under this doctrine, a plaintiff’s claim for personal injuries is barred if his or her negligence or fault exceeds the combined negligence of all the defendants. Otherwise, the claimant’s recovery […]

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U.S. Supreme Court Defines a Corporations Nerve Center as its Principal Place of Business

The U.S. Supreme Court Defines a Corporations “Nerve Center” as its Principal Place of Business For many years, the federal courts in America have disagreed about when federal district courts may hear cases involving corporations in which federal jurisdiction is predicated solely upon the parties’ differing state citizenship, i.e., diversity jurisdiction. A federal district court […]

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The Use of Summary Judgment Motions in Arbitration Proceedings In Nevada

The rules regarding granting dispositive motions are not uniform among the various private arbitration services utilized by parties and law firms in the United States. For example, Judicial Arbitration and Mediation Services (“JAMS”), which has a significant presence in Las Vegas, and has a number of Las Vegas attorneys on its panel, expressly authorizes arbitration […]

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Suits by Lenders against Guarantors/Anti-Deficiency Protection

Guarantors of a purchase-money loan on real property in Nevada should now be entitled to the anti-deficiency protections afforded under NRS 40.455 through 40.459, which statutes limit the amount of any deficiency judgment to the lesser of either: 1. The amount by which the amount of the indebtedness which was secured exceeds the fair market […]

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A Brief Review of the Fair Debt Collections Practices Act (FDCPA)

A Brief Review of the Fair Debt Collections Practices Act (FDCPA) Under the FDCPA (15 U.S.C. 1601 et.seq.), a debt collector includes an attorney, and anyone else attempting to collect a consumer debt on behalf of another person or entity. A consumer debt is simply an obligation of a consumer to pay money owing out […]

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Constitutional Law–Pretrial Detainees Conditions of Confinement

Constitutional Law – Criminal Law-Pretrial Detainees May be Subjected to Conditions of Confinement Reasonably Related to Legitimate Government Objectives – Bell v. Wolf, 99 S.Ct. 1861 By G. Mark Albright, Esq. (originally published in BYU Law Revew) Pretrial detainees[1]brought a class action[2]challenging the constitutionality of numerous practices and conditions of confinement at the federally operated […]

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