Year: 2020

Can a Nevada Court Rely on Perjured Testimony?

June 17, 2020 Jay Young No Comments

Use of Perjured Testimony in Nevada Courts It is well established that use of perjured testimony in any legal proceeding is fundamentally unfair. For example, a criminal conviction based on perjured testimony violates due process and must be set aside if there is any “reasonable likelihood” that the false testimony could have affected the judgment…

Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

The Doctrine of Forum Non Conveniens in Nevada

May 27, 2020 Jay Young No Comments

The term “forum non conveniens” is Latin for “an inconvenient forum”.[1] Under the circumstances discussed below, a court may grant a motion to dismiss a complaint that is filed in a court that is inconvenient to a defendant. In Buckholt v. District Court,[2] the Petitioners sued a Nevada corporation, seeking damages for injuries allegedly resulting…

Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Independent Contractors, Read How You Can Apply for the Pandemic Unemployment Assistance Program

May 26, 2020January 9, 2024 Jay Young No Comments

By: Robert L. Rosenthal, Esq. Guest Blogger Have you heard about the new COVID-19 law for Nevadans that provides benefits similar to unemployment to independent contractors? It’s referred to as the Pandemic Unemployment Assistance program (“PUA”), and provides up to 39 weeks of benefits. Payments are set to commence within the next week or so. …

Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

Moving to Dismiss Under the First-to-File Rule

May 13, 2020 Jay Young No Comments

The first-to-file rule is a doctrine of comity providing that “where substantially identical actions are proceeding in different courts, the court of the later-filed action should defer to the jurisdiction of the court of the first-filed action by either dismissing, staying, or transferring the later filed suit.”[1] The two actions need not be identical—only substantially…

Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Summary of the April 17, 2020 Amendments to the Local Civil Rules of the United States District Court for the District of Nevada

April 24, 2020January 9, 2024 Jay Young No Comments

By Jonathan W. Fountain, Esq., Guest Blogger

On April 17, 2020, the U.S. District Court for the District of Nevada published its amended Local Civil Rules. A red lined document comparing the amendments to the prior version can be found at the bottom of this article. Guest Blogger Jonathan Fountain provides us with this summary of the changes. As always, a summary is no substitute for studying the rules yourself, but this one is sure to help you get a jump start on understanding the amendments.

Jay Young

Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com

Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.

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Litigation

The Rule 30(b)(6) Deposition in Nevada

April 8, 2020January 9, 2024 Jay Young No Comments

The law recognizes a legal fiction—that a corporation or other legal entity is a separate “person” who acts independent of the owners of the entity.[1] Because the entity is a separate person, the law also allows a deposition of the entity under Rule 30(b)(6), which reads: (b) Notice of the Deposition; Other Formal Requirements. (6)…

Discovery, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Matters Outside the Pleadings are Allowed on a Motion to Dismiss for Lack of Personal Jurisdiction and Forum Non Conveniens

April 1, 2020 Jay Young No Comments

A motion to dismiss a complaint for lack of personal jurisdiction and forum non conveniens may properly attach matters outside the pleadings. The Ninth Circuit has long held that for the purposes of considering a motion to dismiss on the grounds of subject matter jurisdiction, a court may consider matters outside the pleadings. See generally…

Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Considering Matters Outside the Pleadings on a Motion to Dismiss

March 25, 2020 Jay Young No Comments

Rule 12(d) requires that if matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion. As a rule, a court…

Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Litigation

Litigators, is it Time to Add Video Conference Mediations to Your Practice?

March 23, 2020 Jay Young No Comments

Last Friday I mediated a matter involving 8 parties, with two attorneys in New York, one in California, and four in Nevada. Not even one of them came to my office. We held the entire mediation remotely via video conference. We held joint sessions with all participants, attorneys-only sessions, and we held caucuses in virtual…

Alternative Dispute Resolution, Arbitration Arbitrator, Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator, Mediation Mediator

Force Majeure Clauses and the COVID-19 Pandemic

March 19, 2020January 9, 2024 Jay Young No Comments

The term “force majeure” translates literally from French as superior force.[1] Black’s Law Dictionary defines force majeure as “[a]n event or effect that can be neither anticipated nor controlled.”[2] In the law, it is the term for a contract provision that allocates the risk of specified events including natural and man-made events. If that unlikely…

Year: 2020

Can a Nevada Court Rely on Perjured Testimony?

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The Doctrine of Forum Non Conveniens in Nevada

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Independent Contractors, Read How You Can Apply for the Pandemic Unemployment Assistance Program

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Moving to Dismiss Under the First-to-File Rule

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Summary of the April 17, 2020 Amendments to the Local Civil Rules of the United States District Court for the District of Nevada

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The Rule 30(b)(6) Deposition in Nevada

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Matters Outside the Pleadings are Allowed on a Motion to Dismiss for Lack of Personal Jurisdiction and Forum Non Conveniens

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Considering Matters Outside the Pleadings on a Motion to Dismiss

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Litigators, is it Time to Add Video Conference Mediations to Your Practice?

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Force Majeure Clauses and the COVID-19 Pandemic

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