Nevada Commercial Collection Complaint

COMES NOW, Plaintiff, RECYCLING SOLUTIONS OF NORTH AMERICA SA de CV, a foreign business entity (hereinafter “Plaintiff”), by and through its undersigned counsel of record, ALBRIGHT, STODDARD, WARNICK AND ALBRIGHT, and as and for his Complaint against Defendants TOTAL RECYCLING SOLUTIONS, INC., a Nevada corporation (hereinafter “Defendant”), alleges and avers as follows: VENUE AND PARTIES […]

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Nevada Personal Injury Interpleader Complaint After Settlement

COMES NOW, Plaintiff, ALBRIGHT, STODDARD, WARNICK & ALBRIGHT (hereinafter “Plaintiff”), and as and for its Amended Complaint in Interpleader against Defendants, alleges as follows: 1. At all times relevant to this action, Interpleader Plaintiff is a Nevada Professional Corporation doing business in Clark County, Nevada. 2. Plaintiff is informed and believes, and thereon alleges that, […]

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Las Vegas Personal Injury Complaint Premises Liability Against Hotel & Casino

COMES NOW, Plaintiff EFFIE WILLIAMSl (hereinafter “Plaintiff”), by and through her attorneys of record, ALBRIGHT, STODDARD, WARNICK & ALBRIGHT, and as and for her Complaint against Defendant TEXAS GAMBLING HALL & HOTEL, INC., a Nevada corporation, d/b/a TEXAS STATION HOTEL & CASINO (hereinafter “Defendant”), DOES I through X, and ROE CORPORATIONS I through XX, inclusive, […]

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Sample Opposition to Motion to Set Aside Default Judgment in Nevada

                                          No Excusable Neglect Has Been Shown Rule 60(b) and its counterparts in various states including Nevada, has proven to be an equitable and humane discretionary rule which the courts can use to relieve oppressed parties […]

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Federal Court Discovery Order Involving Personal Injury Settlement Funds

  SILLE v. PARBALL CORPORATION, Order on Bridgefunds (Mark Albright) Discovery Motion No. 2:07-cv-00901-KJD-VCF. GRO ELISABET SILLE, Plaintiff, v. PARBALL CORPORATION, Defendant. United States District Court, D. Nevada. July 9, 2013 Kevin M. Hanratty, Consol Plaintiff, represented by Kevin M. Hanratty, Hanratty Roberts Law Group. American Legal Funding, LLC, Intervenor Plaintiff, represented by Elan S. […]

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Fraudulent Joinder of Non-Diverse Nevada Defendant Does not Destroy Federal Diversity Jurisdiction

REPLY IN SUPPORT OF MOTION TO STRIKE A transfer agent is defined in NRS 348.240 to mean “the treasurer or similar official of the issuer, a corporate or other trustee, registrar, paying agent, other corporate agent, or other person acting as an agent for, among possibly other duties, the transfer and registration of public securities.” […]

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A Comparison of Forum Selection Clause Treatment in Nevada, New York and Federal Common Law

FEDERAL COMMON LAW ON FORUM SELECTION CLAUSES In Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (1972), the Supreme Court announced the Federal common law rule that forum selection clauses are valid and enforceable, except when it is shown that enforcement would be unreasonable. The modern view is that forum selection clauses are to be […]

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The Spearin Doctrine

A basic principle of construction law is that one who furnishes plans and specifications for a particular project impliedly warrants that the plans and the specifications are workable and sufficient.  See, Bruner and O’Connor on Construction Law §9:78 at seq.  The origin of this implied warranty of design adequacy was the landmark case of United […]

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The Economic Waste Doctrine and its History

The Origins of the Economic Waste Doctrine. The Economic Waste Doctrine finds its roots in the well-known 1921 decision of Jacob & Youngs, Inc. v. Kent, 129 N.E. 889 (NY. Ct. App. 1921) involving a contract for the construction of a $77,000 custom residence.  One of the specifications in the contract called for Reading brand […]

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Motion for Spoliation of Evidence in Nevada

  MEMORANDUM OF POINTS AND AUTHORITIES   III.       Legal Standard. Litigants owe an uncompromising duty to preserve evidence that they know or reasonably should know will be potentially relevant to a pending or reasonably foreseeable lawsuit.  Leon v. IDX Sys. Corp., 464 F.3d 951, 959 (9th Cir. 2006).  That duty requires suspending any practice or […]

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