The Nevada Rules of Professional Conduct generally govern the issue of attorney disqualification. In United States v. Walker River Irrigation Dist., the court recited the standards applied in considering attorney disqualification motions. The court correctly suggests: Disqualification is a “drastic measure which courts should hesitate to impose except when absolutely necessary[,]” Freeman v. Chicago Musical… Continue reading Disqualification of an Attorney to Prevent Disclosure of Confidential Information
Federal Rule of Civil Procedure 59 governs motions for a new trial, as well as motions to alter or amend a judgment in certain cases where summary judgment has been granted. Although not granted except with a showing of “highly unusual circumstances,” the Ninth Circuit has listed grounds for amending or altering a judgment pursuant… Continue reading Motion for a New Trial Under Rule 59
Rule 60 of the Federal Rules of Civil Procedure provides a standard by which the Court might reconsider its Order. This rule, governing relief from a judgment or order, provides in part: (b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or… Continue reading Relief From Final Judgment Under Rule 60
Although not mentioned in the Federal Rules of Civil Procedure, motions for reconsideration may be considered pursuant to Rules 59(e) and 60(b). In order to succeed on a motion to reconsider, a party must set forth facts or law of a strongly convincing nature to induce the court to reverse its prior decision. A motion… Continue reading Can I File a Motion to Reconsider in Federal Court?
When is a Settlement Agreement Enforceable in Nevada? “Under Nevada law, ‘a settlement agreement[’s] construction and enforcement are governed by principles of contract law.’” “The essential elements of a valid contract include offer, acceptance, and bargained for consideration.” The creation of a contract requires that two parties mutually assent to the same bargain at the… Continue reading When is a Settlement Agreement Enforceable in Nevada?
Use of Perjured Testimony in Nevada Courts It is well established that use of perjured testimony in any legal proceeding is fundamentally unfair. For example, a criminal conviction based on perjured testimony violates due process and must be set aside if there is any “reasonable likelihood” that the false testimony could have affected the judgment… Continue reading Can a Nevada Court Rely on Perjured Testimony?
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The term “forum non conveniens” is Latin for “an inconvenient forum”. Under the circumstances discussed below, a court may grant a motion to dismiss a complaint that is filed in a court that is inconvenient to a defendant. In Buckholt v. District Court, the Petitioners sued a Nevada corporation, seeking damages for injuries allegedly resulting… Continue reading The Doctrine of Forum Non Conveniens in Nevada
The first-to-file rule is a doctrine of comity providing that “where substantially identical actions are proceeding in different courts, the court of the later-filed action should defer to the jurisdiction of the court of the first-filed action by either dismissing, staying, or transferring the later filed suit.” The two actions need not be identical—only substantially… Continue reading Moving to Dismiss Under the First-to-File Rule
By Michael Kind, Esq., Guest Blogger This post discusses the rules and caselaw relating to consumers filing a motion to set aside a default judgment in Las Vegas, Nevada. When a consumer has a default judgment entered against him or her, the company who got the judgment can try to collect the money judgment by garnishing wages,… Continue reading How to Set Aside a Default Judgment
A motion to dismiss a complaint for lack of personal jurisdiction and forum non conveniens may properly attach matters outside the pleadings. The Ninth Circuit has long held that for the purposes of considering a motion to dismiss on the grounds of subject matter jurisdiction, a court may consider matters outside the pleadings. See generally… Continue reading Matters Outside the Pleadings are Allowed on a Motion to Dismiss for Lack of Personal Jurisdiction and Forum Non Conveniens
Rule 12(d) requires that if matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion. As a rule, a court… Continue reading Considering Matters Outside the Pleadings on a Motion to Dismiss