Consolidation and Severance in Nevada Civil Litigation

CONSOLIDATION AND SEVERANCE Author: G. Mark Albright esq. 1. Introduction and Scope This guide covers the types of consolidation that may occur, and the procedures and effects of consolidation. It considers NRCP 42(a) and EDCR 2.50, discusses the various forms of severance, and notes the distinctive features of NRCP 13(i), NRCP 14(a), NRCP 21, and […]

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Nevada Real Estate Law: The Equitable Subrogation Doctrine

In 2003, the Nevada Supreme Court, in Houston v. Bank of America, 78 P.3d 71 (2003), adopted the rule found in Restatement (Third) of Property (Mortgages) (1997) at §7.6, which indicates that a lender whose loan proceeds were used to pay off the balance of a prior note and lien is equitably subrogated to the […]

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Wrongful Death Claims From Vaccinations Barred By Ninth Circuit

The Ninth Circuit on September 25, 2012 issued a ruling that bars a Nevada couples’ complaint against Merck & Co., Inc. for the death of their baby from vaccination side effects. Erin and Shawn Holmes appeal to the Ninth Circuit from the Nevada District Court’s grant of summary judgment in favor Merck in their diversity […]

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A Guide To Statutes Of Limitations And Repose In Nevada

What Is a “Statute of Limitations” and how does it differ from a “Statute of Repose” A statute of limitations is a law, generally a state statute, which places a very specific time limit or deadline on your right to pursue a particular legal remedy regarding a specific wrongful act and injury. After the expiration […]

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New Legal Protections For Loan Guarantors Under Nevada Law

Guarantors of a purchase-money loan on real property in Nevada are 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 value of […]

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Albright Stoddard Serves As Local Counsel For Nevada Lawsuits

If you are involved in litigation or any other legal matter in Nevada, we can assist your attorney in any state by acting as their local counsel in Nevada. It is important to build a relationship with a lawyer who can counsel you and your foreign attorney on Nevada’s state specific laws and local procedural […]

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The Advantages And Disadvantages Of ADR

By G. Mark Albright, Esq. Advantages to Arbitration: 1. More flexibility. In the case of arbitration, the parties have far more flexibility to select what procedural and discovery rules will apply to their dispute (they can choose to apply relevant industry standards, domestic law, the law of a foreign country, etc.). 2. Select your own […]

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Question 2: A Necessary Defense of Marriage

By William H. Stoddard, Esq. and G. Mark Albright, Esq. (Originally published in Nevada Lawyer Magazine November 2002) Question 2 was as simple as it sounded. In its entirety, the proposed amendment read: “Only a marriage between a male and female person shall be recognized and given effect in this state.” This common sense amendment […]

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Key Issues In Nevada Law: A History Of Tip Pooling In Nevada

By G. Mark Albright, Esq. NRS 608.160 provides as follows: 1. Is unlawful for any person to: (a) Take all or part of any tips or gratuities bestowed upon the employees of that person. (b) Apply as a credit toward the payment of the statutory minimum hourly wage established by any law of this state […]

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Nevada Courts Have Jurisdiction Over Nevada Corporate Officers & Directors

Recently, the Nevada Supreme Court, in Consipio Holding, BV, et al. v. Carlberg, 128 Nev. Adv. Op. 43 (August 9, 2012), held that corporate officers and directors of Nevada corporations can be subject to jurisdiction in the State of Nevada – even if they have never visited the State of Nevada or done any business […]

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