Sample Form of Forbearance Agreement and Covenant Not to Execute

  FORBEARANCE AGREEMENT AND COVENANT NOT TO EXECUTE     THIS FORBEARANCE AGREEMENT AND COVENANT NOT TO EXECUTE is entered into this _____ day of April, 2015, by and between Laboratory Corporation, a Delaware corporation, qualified to do business in Nevada (“Judgment Creditor” ), and Diagnostic Center of Medicine (Allen LLP), a Nevada limited liability […]

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Notice of Related Cases in Nevada Federal Courts and Oppositions Thereto

The Nevada Federal Courts in 2011 adopted a new rule relating to the notification to the court of related cases. Under LR 7-2.1, a case is “related” if (a) both actions involve the same parties and are based on the same or similar claims; (b) both actions involve the same property, transaction, or event; (c) […]

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Nevada Personal Injury Complaint: Hotel Bedboard Falls onto Plaintiff

COMES NOW, Plaintiff, MICHAEl _____, an individual (hereinafter “Plaintiff”), by and through his attorneys of record, ALBRIGHT, STODDARD, WARNICK & WARNICK, and as and for his Complaint against Defendants, HRHH HOTEL/CASINO, LLC, a Foreign limited liability company; LVHR CASINO, LLC, a Nevada limited liability company, dba HARD ROCK HOTEL & CASINO; and HARD ROCK HOTEL […]

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Slip and Fall Accidents on Sidewalks and Parking Lots

Nevada Slip-and-Fall Accidents – Sidewalks & Parking Lots Slips and falls are a primary cause of injury in the U.S., leading to around a million emergency room visits per year, according to the National Floor Safety Institute (NFSI). Unfortunately, many of the slip-and-fall accidents that end in emergency room visits happen in parking lots or […]

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Private Shareholder Action Under Exchange Act 14(a) and SEC Rule 14a

G. Mark Albright Nevada Bar No. 1394 Albright, Stoddard, Warnick and Albright 801 S Rancho Dr D4 Las Vegas, NV 89106 Phone: (702) 384-7111 Fax: (702) 384-0605 Email: gma@albrightstoddard.com Attorneys for Plaintiff See Signature Page for Additional Counsel UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA W. A. SOKOLOWSKI, Plaintiff, v. STEPHEN A. WYNN; […]

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Sample Form Insured’s UIM Bad Faith Complaint against Insurer

ALBRIGHT, STODDARD, WARNICK & ALBRIGHT 801 South Rancho Drive, Suite D-4 Las Vegas, Nevada  89106 Tel:       (702) 384-7111 Fax:      (702) 384-0605 Email:   gma@albrightstoddard.com Attorneys for Plaintiffs         Plaintiff,   vs.   NATIONWIDE   INSURANCE, an Ohio Corporation, qualified in Nevada; DOES I-X and ROE   CORPORATIONS I-X, inclusive,   Defendant. Case No.: […]

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Implied Indemnity in Nevada

The Nevada Supreme Court recently addressed the issue of “implied indemnity” in Pack v. Latourette, 277 P.3d 1246 (Nev. 2012), where it held as follows: “Equitable indemnity, which “allows a defendant to seek recovery from other potential tortfeasors,” is generally available to remedy the situation in which the defendant, “who has committed no independent wrong, […]

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Nevada’s Design Professional Liability Statute in Nonresidential Construction Disputes

Nevada’s affidavit of merit statute requires both an attorney affidavit and the expert’s report as follows: NRS 11.2565  “Action involving nonresidential construction” defined. 1.  “Action involving nonresidential construction” means an action that: (a) Is commenced against a design professional; and (b) Involves the design, construction, manufacture, repair or landscaping of a nonresidential building or structure, of an alteration of or […]

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Surety’s Rights on Performance Bond Claims

Where a surety on a performance bond desires to compromise or settle claims relating to the bond against others (affirmative claims), it should look to the General Indemnity Agreement (GIA) provisions regarding assignment of claims and the attorney-in-fact clause giving the surety the power to exercise all of its assignment rights. In Hutton Construction Co. Inc. […]

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Federal Diversity of Corporations Under Hertz Corp. v. Friend et al

In a decision likely to have significant consequences for federal subject-matter jurisdiction, Hertz Corp. v. Friend et al., No. 08-1107 (U.S. February 23, 2010), the United States Supreme Court clarified a jumble of approaches used by the lower federal courts and endorsed the “nerve center” test for determining a corporation’s principal place of business for […]

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