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Jay Young, Business Attorney and Arbitrator
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22 followers
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In a unanimous decision authored by Justice Kavanaugh, the U.S. Supreme Court held that under the Federal Arbitration Act (“FAA”), “when the parties’ contract delegates the arbitrability question to an arbitrator, a court may not override the contract…
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Due Dates and Deadlines Under the 2019 Nevada Rules of Civil Procedure
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     The Nevada Supreme Court calls its changes to the  2019 Nevada Rules of Civil Procedure (“NRCP”) “exhaustive.”  Although the changes do not take effect until March 1, 2019, since they are so comprehensive, a complete read would be advisable for all…
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Parties subject to an arbitration agreement may challenge whether a particular arbitrator may hear a matter.  If the contract does not specify particular arbitral rules (AAA or JAMs, for instance), then the parties must rely on the laws of the place of…
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Sample Nevada Affirmative Defenses RULE 8 DELINEATED AFFIRMATIVE DEFENSES NRCP 8(c).     In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory…
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Writ Petition for Denial of Motion to Dismiss in Nevada The Supreme Court will entertain writ petitions in the context of a denial of a motion to dismiss when (1) no factual dispute exists and the district court is obligated to dismiss an action pursuant…
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Pursuant to Article 6, Section 4 of the Nevada Constitution: “[t]he court shall also have power to issue writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus and also all writs necessary or proper to the complete exercise of its…
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Rule 12(f) provides that a court “may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” Fed. R. Civ. P. 12(f). “[M]otions to strike should not be granted unless it is clear that the matter to…
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What Constitutes Admissible Evidence Under Rule 56? Nevada law provides requires that all fact presented to a court by motion must be by sworn testimony.  Further, “[a]ffidavits/declarations must contain only factual, evidentiary matter, conform to the…
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Nevada Statutes of Limitation and the Discovery Rule Statutes of limitation are designed to assure fairness to parties and prevent surprise lawsuits by determining the maximum time allowed after an event within which legal proceedings may be initiated. …
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