The Nevada Supreme Court has held that a litigant is under a duty to preserve evidence which it knows or reasonably should know is relevant to an action, even where an action has not been commenced and there is only a potential for litigation. Fire Insurance Exchange v. Zenith Radio, Corp., 103 Nev. 648 (1987). In fact, sanctions under Nevada Rule of Civil Procedure 37(b) may be imposed for willful suppression or destruction of evidence which is clearly relevant, whether or not the party has been expressly ordered to produce the evidence. See Bass-Davis v. Davis, 122 Nev. 442 (2006). The entry of liability against a party destroying evidence is also an appropriate sanction under NRCP 37. Fire Insurance Exchange v. Zenith Radio, Corp., 103 Nev. at 648.
Beware: A Snazzy Job Title Does Not Automatically Make an Employee Exempt
Many unwary employers fall into the trap of giving an employee the title of "Manager" or "Supervisor" only to find out that in fact the employee was misclassified. One of the most common mistakes an employer can make is to assume that a job title alone makes an employee "exempt" versus being "non-exempt."
What is "FLARPL"?
Posted on April 30, 2014
Where am I going to come up with the money to hire an experienced family law attorney to represent me in my divorce? This question is asked by many spouses who have just been served with divorce papers, or who wish to end their marriage. The majority of the time, a client with less financial ability than the other spouse will borrow the money family law attorneys require before accepting a case (i.e., the "initial deposit"). The lender is usually a parent, sibling or good friend. However, for many people, this is just not possible.
The U Visa: Immigration Protection for Those Suffering Serious Crimes
The U Visa, specifically provided to aliens who are victims of certain serious crimes, is one of the more recent changes in the United States' immigration scheme. This unique visa was enacted by Congress to serve two important purposes: to enhance law enforcement's ability to investigate and prosecute cases of serious crime; and to offer immigration protection to the victims of such crimes who may otherwise be fearful of assisting law enforcement. Although the United States Citizenship and Immigration Service (USCIS) started rolling out the U Visa in 2009, many aliens and undocumented immigrants are unaware of this potential source of immigration relief.
Never lose sight of the most important aspect of your divorce: your children
Couples going through a divorce are often so immersed in fighting with the other party that they forget the most important thing about their divorce: their children. Instead, parties become short, aggravated and distant with their children because they have expended all of their energy fighting with their ex-spouse.
When Co-Parenting Seems Impossible
Posted on March 21, 2014
When you cannot stand to be in the same room as your ex-spouse, having to co-parent with the other person seems difficult, if not impossible. But as unattainable as it seems, giving up on co-parenting is not an option if you want to do what is in the best interests of your children. Effective co-parenting is integral in helping children overcome divorce.
Offers of Judgment in Construction Defect Cases in Nevada
Offers of Judgment in Nevada are governed by Nevada Revised Statute 17.115 and Nevada Rule of Civil Procedure 68. At any time, up to ten days before trial, any party may serve on one or more of the parties, a written offer to allow judgment to be taken in accordance with the terms and conditions of the offer. The opposing party has ten business days to either accept or reject the written offer. If the party rejects the offer but then receives a verdict that is less than the offer at trial, the party that made the offer may be entitled to recover their post-offer fees and costs through trial, including attorney fees. Utilizing such Offers of Judgment can be an effective way to entice the parties to settle before taking a case to trial.
Employer May Recover Attorney Fees Under FEHA Where Plaintiff's Evidence of Discrimination is Solely Speculation
In the recent case of Robert v. Stanford Univ., No. H037514, 2014 WL 793112 (Cal. Ct. App. February 25, 2014), plaintiff brought an action against his former employer for discrimination under the California Fair Employment and Housing Act (FEHA.) He alleged that he was terminated because of his ancestry, American Indian. At trial, defendant presented evidence that plaintiff was terminated because of his harassment of a female coworker, and that plaintiff had received several warnings before he was terminated. The only evidence of discrimination that plaintiff presented at trial was his own testimony that he believed those who investigated the co-worker's harassment complaint and terminated him, had discriminated against him.
Will 2014 Finally Be the Year That Nevada Gets a Court of Appeal?
Many out-of-state attorneys are often surprised to find that Nevada lacks an intermediate court, or a Court of Appeal. Under the current model, every single appeal from decisions rendered by any of Nevada's District Courts is reviewed by the Nevada Supreme Court. According to reports by the Las Vegas Sun, the Nevada Supreme Court has one of the heaviest caseloads in the nation. This results in a lengthy backlog in the appeals process. Parties often have to wait for months, or in some cases, over a year, to have their appealed issue resolved. Based on data complied with the Nevada State Bar President, the Nevada Supreme Court docket for the year 2012 consisted of 2,500 cases, or 357 for each of the seven Justices. In short, many of our Nevada colleagues are wondering whether 2014 will finally be the year that voters approve the creation of a Nevada Court of Appeal.
The Power of a Sham
Sham Guaranty Defense is a distinct way individual guarantors, partners, trustors/trustees, corporate executives and shareholders can avoid liability when an underlying loan is in default. While this defense may be influential in assisting a select few in certain situations, it is rarely used because it applies only in limited circumstances.
