Category: Litigation

Can I Sue Under the Fair Debt Collection Practices Act?

By Michael Kind, Esq., Guest Blogger Many people are scared of debt collectors.  And for good reason: debt collectors are often accused of using unfair and deceptive tactics. These tactics may include making improper threats or harassing people who allegedly owe money. Kind Law 8860 S. Maryland Parkway, Suite 106, Las Vegas, Nevada 89123 (702)… Continue reading Can I Sue Under the Fair Debt Collection Practices Act?

Categorized as Consumer Protection, Litigation

Commercial Business Litigation Causes of Action

While not exhaustive, the following is a list of possible claims/remedies that you may consider making in your commercial litigation matters, linked to the elements for each claim. Abuse of Process Account Stated Accounting, a Remedy Anticipatory Repudiation Appointment Of A Receiver Breach of Contract Breach of Duty of Loyalty Breach of Express Warranty Breach… Continue reading Commercial Business Litigation Causes of Action

Categorized as Business Law, Litigation

Nevada Civil Practice Official Forms Library

Nevada State Forms Nevada Commission on Judicial Discipline Nevada Real Estate Division Nevada Supreme Court – Appellate Practice Forms Official Form 3. Consent to Service by Electronic Means Under Rule 5 Clark County Forms Application to Proceed In Forma Pauperis and Order Arbitration Forms Civil Cover Sheet Civil-Criminal Forms Library Civil Law Self-Help Center Forms Discovery… Continue reading Nevada Civil Practice Official Forms Library

Categorized as Litigation

New 8th Judicial District Court Rules, Effective Jan 1, 2020, Answer the Question “When Are Oppositions Due?”

Good news!  The Nevada Supreme Court has finally approved the amendments to the Eighth Judicial District Court Rules (“EDCR”).  The proposed amendments were sent to the Court on July 12, 2019 and approved on November 27, 2019 by the Order.  The Order is effective January 1, 2020. While all practitioners should carefully read the rules… Continue reading New 8th Judicial District Court Rules, Effective Jan 1, 2020, Answer the Question “When Are Oppositions Due?”

Categorized as Litigation

What is a Motion in Limine?

A motion in limine (Latin: [ɪn ˈliːmɪˌne]; “at the start”, literally, “on the threshold”) is a motion filed for the purpose of making an evidentiary decision outside the presence of the jury and before trial begins.  There are generally two types of motions in limine in a civil setting.  The first is to procure a definitive ruling on… Continue reading What is a Motion in Limine?

Categorized as Litigation

8th Judicial District Court’s Administrative Order 19-03 Brings EDCR Into Alignment With the Amended NRCP

Chief Judge Linda Marie Bell issued Administrative Order 19-03 on behalf of the Eighth Judicial District Court on March 12, 2019.   It suspends many Eighth Judicial District Court Rules which are in conflict with the amended NRCP.  The purpose of the order is stated: [f]or the benefit of the bar and to ease confusion until… Continue reading 8th Judicial District Court’s Administrative Order 19-03 Brings EDCR Into Alignment With the Amended NRCP

Categorized as Litigation

Sample Joint Defense Agreement

For a word copy of this Sample Joint Defense Agreement, click here JOINT DEFENSE AGREEMENT             This Joint Defense (the “Agreement”) is made and entered into as of {DATE} by and among the undersigned counsel, for themselves and on behalf of their respective clients {LIST PARTIES} (each individually a “Party,” and collectively, “Parties”). RECITALS            … Continue reading Sample Joint Defense Agreement

Categorized as Litigation

Nevada Supreme Court Amends Rule 4.1 to Include Penalties for Refusal to Waive Service

Since the publication of the article below, the Nevada Supreme Court has reconsidered its earlier version of Rule 4.1 (Waiver of Service) that specifically deleted the penalties found in the Federal Rules of Civil Procedure version of the same rule.  I inquired of a member of the committee about whether the lack of a penalty… Continue reading Nevada Supreme Court Amends Rule 4.1 to Include Penalties for Refusal to Waive Service

Categorized as Litigation