Nevada Civil Litigation Legal Questions

Each case is dependant upon its own particular facts and urge you to consult with an attorney.  However, it sounds like the landlord is attempting to "double dip" or seek to collect from both tenants as a "double recovery".  Whether they are entitled to do so would be dependant upon your agreement and particular facutal scenario.     You may want to look at proceeding within the small claims court in Pahrump.  Here is the link for you.    Pahrump Justice Court - Small Claims - Forms Do not allow this abbreviated comment to provide you with appropriate legal advice.  I urge you to consult with an attorney.   All the best, be safe and healthy.   ~ Brian     Brian D. Shapiro, Esq. 510 S. 8th Street Las Vegas, NV  89101 (t) 702-386-8600; (f) 702-383-0994 www.brianshapirolaw.com... Read More

Differing causes of action generally have different statutes of limitation.  Thus, for example, the statute of limitaitons for breach of contract is 6 years from breach, while the statute of limitations for negligence is 3 years and for defamation it is one year.  What type of "civil misconduct" do you mean?... Read More

Was the fire caused by a defect in the product?  If so, depending on how long ago you bought the product, you may have a case against the manufacturer.  If it wasn't caused by a product defect - for example, if the fire started because no one had cleaned the lint trap in a year - you don't have a case.... Read More

I don't know about Nevada law specifically, but I've never heard of a jurisdiction in which a layperson was allowed to represent anyone but himself/herself, except in small claims matters (and, in some jurisdictions and under rare circumstances, corporations or other legal entities of whcih they are the sole owner.)  So, yes, only an attorney can represent a class.... Read More

Post-judgment interest in Nevada is calculated at a rate equal to the prime rate at the largest bank in Nevada plus 2 percent. The rate gets readjusted each January 1 and July 1 thereafter until the judgment is satisfied.   You can find the Prime Interest Rate for Judgment collections here: http://fid.state.nv.us/Prime/PrimeInterestRate.pdf As you can see, the Prime Rate has been at 3.25% for five years; therefore the Judgment Rate has been at 5.25% for five years.... Read More

Generally the answer is no to the termination and yes to any allegations of mistakes.  An employer generally cannot deduct money from an employee paycheck or charge an employee for short tills or simple negligence.  Even where these issues are due to employee fault, there is no basis to charge the employee of company losses.  An exception exists for gross negligence, dishonesty or willful losses, which obviously prohibits and prevents outright theft or conspiring by employees. The termination is a different story.  Nevada employers can generally discharge an employee for any lawful reason or no reason at all.... Read More

A Judgment (of any type) becomes final and susceptible to collection ten (10) days after the Notice of Entry of Judgment.   Pursuant to NRCP 62(a), no collection shall commence "upon a judgment nor shall proceedings be taken for its enforcement until the expiration of 10 days after service of written notice of its entry."   Therefore if 10 (judicial) days have passed from entry of the Judgment, collection may commence.... Read More

Your best course of action would be to negotiate a full and final release of claims with your employer under a settlement agreement which you can in good faith fulfill.  The Settlement Agreement should provide a default provision which protects both sides' rights but ensures that nothing deleterious happens to you.... Read More

There are a multitude of issues which you have raised in your question. As far as keeping your job, Nevada is generally an at-will employment state where your employer can dismiss you for no reason at all, so long as it is not a prohibited reason. "Since employees in Nevada are presumed to be at-will, an employer can dismiss an at-will employee with or without cause, so long as the dismissal does not offend this state's public policy. State of Nevada v. Dist. Ct. (Anzalone), 118 Nev. 140, 151, 42 P.3d 233, 240 (2002)." While there are limited exceptions to the at-will employment doctrine, the Nevada Supreme Court has made clear that these exceptions are “severely limited to those rare and exceptional cases where the employer's conduct violates strong and compelling public policy.” Sands Regent v. Valgardson, 105 Nev. 436, 440, 777 P.2d 898, 900 (1989).   However as a government employee, you most likely have additional workplace protections which a general employee in the outside workforce may not have. The alternative question which you post implies is that other employees and/or your employer may be lying about you and publishing false facts, which may adversely impact not only your current position but ability to obtain employment in the future. These statements may be defamatory and should be investigated and all evidence preserved.   Likewise extreme behavior may be a violation of any employment agreement and/or constitute the intentional infliction of emotional distress. ... Read More

The other party can sue you for money.  The other party can attempt to have you criminally prosecuted, with the decision whether to prosecute made by the authorities under their prosecutorial discretion which can be arbitrarily and capriciously exercised.   The jurisdiction for internet misrepresentations is widespread.   While you claim that he has threatened you with criminal prosecution, you would have to prove that such threats were baseless, which is appears you concede is not the case.... Read More

Our opinion is that you will spend a great deal of money pursuing a case without any real chance of pecuniary gain because  the damages upon dismissal of your ticket are so de minimis.  If you want to pursue the matter for the principle, we would advise you that nothing is more expensive in litigation than principle.... Read More

Your situation is a very common one.   Based upon the depreciating value of the automobile, while your friend could possibly sue, to the extent that there is still an outstanding balance on the auto loan, chances are not great that your friend would be able to demonstrate that he created any equity in the automobile.... Read More

Premises liability claims are a difficult area. In Nevada, a proprietor owes an invitee a duty to use reasonable care to keep the premises in a reasonably safe condition for use. Elko Enterprises v. Broyles, 105 Nev. 562, 565, 779 P.2d 961, 964 (1989). Merely because there is a slip on the property does not prove negligence by the property owner or that any such negligence caused the slip and fall. The Nevada Supreme Court has recently refined the standard for premises liability in Nevada in Foster v. Costco, 291 P.3d 150 (December 27, 2012). The new standard is based on the general duty of reasonable care: a land possessor owes a duty of reasonable care to entrants on the land with regard to: (a) conduct by the land possessor that creates risks to entrants on the land; (b) artificial conditions on the land that pose risks to entrants on the land; (c) natural conditions on the land that pose risks to entrants on the land; and (d) other risks to entrants on the land when any of the affirmative duties are applicable. The standards for slips and falls center on the foreseeability of foreign substances. “[A] business owes its patrons a duty to keep the premises in a reasonably safe condition for use.” Sprague v. Lucky Stores, Inc., 109 Nev. 247, 250, 849 P.2d 320, 322 (1993). Where a foreign substance causing a slip and fall is made to be on the floor by the business owner or one of its agents, then “liability will lie, as a foreign substance on the floor is usually not consistent with the standard of ordinary care.” Id. Traditionally, where a foreign substance causing a slip and fall results from “the actions of persons other than the business or its employees, liability will lie only if the business had actual or constructive notice of the condition and failed to remedy it.” (underline added) Id. at 250, 849 P.2d at 322-23. What this means is that your brother would have to prove that the club knew or should have known about the puddle on the floor.... Read More

There are a number of steps which you can take to collection on your Judgment, from execution on a bank account to garnish of wages to conducting a Judgment Debtor Examination.  The name of an attorney will not necessarily do you any good without the attorney being still able to accept service of the Order for Judgment Debtor Examination. ... Read More

The answer depends on whether the matters are the same or substantially related.  NRPC 1.9 states that "[a] lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing."  There are also rules which circumscrible where a lawyer can and cannot represent a person in the same or a substantially related matter in which a firm with which the lawyer formerly was associated had previously represented a client. Furthermore a lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not generally (1) use information relating to the representation to the disadvantage of the former client or (2) reveal information relating to the representation.... Read More

If the breakup came four days after the wedding, the appropriate legal term of the relationship is Husband and Wife.  You may have rights against him for one half of the cost of the wedding.  However you should seek to dissolve the bonds of matrimony, either through divorce or (less successfully) annulment.... Read More

If the motorcycle was documented as operating properly at the time of sale, and if there were no material conditions regarding the motorcycle which were not withheld prior to sale and if the sale is made as is/without warranty, then upon completion of the terms of purchase, the transaction is completed and risk transfers to the Buyer.... Read More