Recent Amendments to Local Court Rules Mandate Changes to Your Discovery Motion Practice
On April 26, 2024, the Supreme Court of the State of Nevada issued its Oder Amending the Rules of Practice for the Eighth Judicial District Court.[1] Hidden amongst the hundreds of substantive and stylistic changes to the rules are amendments that demand a drastic change in behavior regarding the requirement to hold a meaningful pre-filing…
Jay Young’s Newest Book Debuts at #1 on Amazon
Jay Young’s latest book, “A Litigator’s Guide to Nevada Discovery Law” debuted as the Number 1 New Amazon Best Seller in Law Legal Education category. Take a sneak peak at it here. The paperback version is expected in 2 weeks. Amazon describes the book as: A Litigator’s Guide to Nevada Discovery Law is the comprehensive…
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A Sneak Peek at A Litigator’s Guide to Nevada Discovery Law
Below is the Table of Contents for my newest book, A Litigator’s Guide to Nevada Discovery Law.
My Contract Requires AAA or JAMS Arbitration. Can I opt out?
Yes. Arbitration is a creature of contract. If your contract requires arbitration, it is most likely enforceable. However, where both parties recognize that the arbitration clause needs altering, they may do so by entering into an amendment before an arbitrator is appointed. Once an arbitrator is appointed, the arbitrator must abide by the limitations on their powers contained in the contract.
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I AM BACK
Over a decade ago I started a blog. It wasn’t really a blog for other people. It was just a place for me to park legal research so that I could access it from anywhere. Whenever I did research on a new area of the law that interested me, I would create a post. I had maintained a personal database of the elements of claims and defenses since I started practicing law. I added the elements, together with quick citations to where they could be found in the law. I didn’t even tell people I had a blog. It was just for me. In 2015, I moved the blog to a new URL and added a bio and a phone number.
A couple years in, I started running into law students and young attorneys who would say ARE YOU THE GUY WITH THE BLOG? They were kind about how much the blog helped them and at first I was taken aback, not knowing people were actually using the site. I learned that many younger attorneys were researching with Google first and Westlaw second. It was a new concept to an old dinosaur like me.
Eighth Judicial District Court Administrative Order 22-08 (Administrative Order Regarding Deposition Behavior)
In 2022, Commissioner Erin Truman and I were alarmed by the number of deposition disputes in our court that could have been resolved with some good mentoring. Rather than teaching from the bench by merely sanctioning bad behavior, we decided to memorialize existing law regarding deposition behavior of counsel and witnesses in this order to set…
Ask for a Break in a Deposition in Nevada and You Waive the Attorney-Client Privilege
(Discoverability of Conversations During Deposition Breaks)
Let’s pretend that your client needs a restroom break during a deposition and there is no question pending (thus, not triggering an In Re Stratosphere Corporation, 182 F.R.D. 614 (D. Nev. 1998) problem). You and your client requested a break. Before going back into the deposition, you remind your client about the training you gave him to answer only the question asked and not to volunteer information. You also tell him to beware if opposing counsel asks questions about that smoking gun document that he pay special attention to the second paragraph. Under a recent Nevada decision, no privilege would attach to that conversation, meaning your client could and would be forced to divulge the contents of that conversation if the examining attorney is aware of the decision.
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ARM Podcast: What Makes Business Mediation Unique?
Join ARM Founder Abbas Kazerounian, Esq, as he discusses the unique characteristics of business mediation with ARM Neutrals Jay Young, Esq, and Kristine Kuzemka, Esq.
Are You Sure You Have Enough Home, Auto, And Recreational Vehicle Insurance to Protect Your Family?
Many homeowners or car owners are shocked, after an accident, to find that their insurance does not pay for all of their losses (or those of someone they injured), or in some cases, even most of their losses.
How Much is Enough?
Whether you have the right amount and type of coverage may well depend on the amount of assets you have to protect. If you make $30,000 a year and rent an apartment, $100,000/ $300,000 coverage may suffice. If, on the other hand, you earn a six figure annual salary, have a business, or significant assets, carrying that little amount of coverage would be foolish.
Are You Ready For Mediation? 7 Things to Discuss With Your Client
Readiness Checklist for Mediation Counsel should consider discussing the matters below with their client prior to mediating a litigated matter. Doing so will better prepare the client and counsel for the mediation itself and will improve the opportunity for resolution at mediation. Explain the Process of Mediation What Is Mediation? What is the Role of…
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