Strategies, Challenges, and Answers

Vote Yes On Question 1 Creating A New Nevada Appellate Court

Question One on the November 2014 Nevada ballot seeks to establish a three-judge appellate court in Nevada. The Nevada Law Blogs support the creation of this new court. According to the Nevada State Bar, the Court of Appeals would consist of three judges, The Ballot Question Explanation provides that the Governor would appoint the initial three judges from nominees provided by the Commission on Judicial Selection. The initial three judges would be appointed to two-year terms. Thereafter, … [Read more...]

Nevada Desperately Needs A Court Of Appeals

In April 2012, Jeremiah Eskew-Shahan tried to give the family dog Onion a kiss good night.  He stumbled onto the dog.  Onion instinctively grabbed the little boy.  Immediate intervention by the family was not enough to save Jermiah from the dog’s unprecedented response.  Jeremiah died. The City of Henderson wanted to immediately euthanize the dog claiming that the six-year-old Mastif-Rhodesian mix was a danger to the community.  The Lexus Project, a dog rescue organization, intervened.  The … [Read more...]

Will A New Appellate Court Mean More Nevada Jobs?

In the Nevada Law Blogs, we regularly discuss “Nevada Factors”.  These Nevada Factors are circumstances that are unique to Nevada’s laws or judiciary which make it different from the other states. One Nevada Factor that arises over and over again is the dearth of controlling legal precedents on which Nevada civil lawyers and judges can predictably rely.  The main reason why there are so few civil precedents is because Nevada has only one court of appeals.  That court is the Nevada Supreme … [Read more...]

Can Anyone Find A Reported Nevada Case That Deals With Examinations Under Oath?

An insured’s obligation to give an Examinations Under Oath in conjunction with an insurance claim has been around a long time.  Take for example the case of Claflin v. Commonwealth Ins. Co., 110 U.S. 81, 3 S. Ct. 507, 28 L. Ed. 76 (1884).  There, the U.S. Supreme Court explained that the purpose behind an Examination Under Oath was "to enable the [insurance] company to possess itself of all knowledge and all information as to other sources and means of knowledge, in regard to the facts, material … [Read more...]