Monday's Motion Day: 10-5-09

Historically, Mondays used to be "motion day" in Las Vegas Courts. Since the RJC was built, this collegial culture has slowly disappeared and newer attorneys don't even know that it ever existed. In years gone by, though, Mondays were the days that we all went to Court before 9:00 am (civil hearing times), we would stand in line and talk, we would meet out front on the steps, we would enjoy a quick cup of coffee, we would engage in good conversation and promote a slap of gossip. This would continue into the Courtrooms where there was always a lot of chatter about the judges, attorneys, firms and staff. That is all gone. In that memory, here I'll give a weekly summary of all things Vegas legal . . some news . . . some gossip . . . some blog review . . . submissions suggested . . . just like the old days.

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10-5-09: Reported Friday in the LV Sun & today at Wild Wild Law, Judge Miley's husband, attorney Ed Miley, was arrested for domestic battery. Evidently, Stephy didn't like him choking the dog, so he pushed her to the floor. The highlight of the story, though, was Ed's request to the arresting officers to arrest "better looking hookers", as he is a criminal defense attorney. WHY? Has Ed been receiving payment the old-fashioned way? (I doubt it) But, if you don't know what I'm inferring, just ask Ken Hall (Order HERE) about his suspension. This is the second "Ed husband" (1st Ed HERE) of a Judge in Dept 23 to beat his wife/judge . . . what?

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10-1-09: The Las Vegas Trademark Attorney does a great job examining the recent Nevada District Court ruling on a Motion holding that the term "The Rat Pack" is a generic term, as it relates to 'tribute' shows. (Case No. cv-08-00579, D.Nev.) You see, there are two out there that deal with this 'generic term': The Rat Pack (by BC Entertainment) and The Rat Back Is Back (at the Plaza). The lawsuit was filed by BC Entertainment, incredibly, upon the allegation that somehow this is term is original to them? You can find the Complaint HERE, the Order HERE, and the LV Sun story HERE.

10-1-09: An Order which details the decision by Dept. 25 (Kathleen Delaney) in Hurst v. State of Nevada Board of Medical Examiners was filed this week. The Judge held that the Board of Medical Examiners violated the Open Meeting Law (NRS 241) when it enacted an Emergency Regulation on September 18, 2009. The violation was because the Board did not allow for 'public comment'. I guess they didn't want to hear what the public had to say. Being that Judge Delaney was recently elected by the 'public', she obviously knows the value of public opinion . . . and she likely wants to get re-elected next term.

10-1-09: Harmful Error brings us a summary of relevant appeals. Particularly in Delgado v. American Family Insurance the Court clarified when Nevada's 'anti-stacking' rule is implicated in accidents where the liable party is driving the car of another. A MUST READ for anyone that deals with insurance.

9-27-09: The Review Journal published a story containing all the salaries of Clark County employees. While the vast majority of the "high paid" employees are firefighters, attorneys and judges also top the ranks. See the list HERE. (The story links a 'download' for a complete list of all employees) Do some public defenders and prosecutors really get paid more than civil attorneys? Good for them. Did we private guys enter the wrong practice of law (insider connections & money)? Interestingly enough, the Assistant DA, Robert Teuton ($447,788.49), makes way more money than the DA, David Roger ($184,017.06)

10-3-09: Ruling by Las Vegas Judges indicates that ruthless foreclosure machine may be slowing due to the mortgage industries' cutting of corners for years. It looks like not only were they lending money with the ease of dust in the desert, they were not dotting the 'i' and crossing the 't', as they should have. Who holds the note? Who has standing...they don't know. Fat chance foreclosing, then. See LV Sun story HERE.

9-24-09: Tami Cowden, Esq.'s recent post at Appealing in Nevada gives us the heads up about the 2009 Nevada Legislative Session Summary. Very helpful for all attorneys, judges, etc. Download it HERE. Your thoughts on the summary would have been helpful . . . what? You work for a living like the rest of us? Thanks for the reminder.