5322 research outputs found
Sort by
UNITED HEALTHCARE INS. CO. VS. FREMONT EMERGENCY SERVS., 141 Nev. Adv. Op. 29 (Jun. 12, 2025)
Full text linkNEVADA SUPREME COURT RULES EMERGENCY PROVIDER CAN RECOVER FOR UNJUST ENRICHMENT AGAINST INSURER BUT NOT IMPLIED CONTRACT OR INSURANCE STATUTES
Copyright Law Year in Review 2024-2025 With IP Litigation Statistics
No full textProfessor Trimble delivered a presentation on U.S. copyright law developments and IP litigation statistics at the annual conference for the Intellectual Property Law Section of the State Bar of Nevada. The event took place on September 12, 2025 at the William S. Boyd School of Law
Wesley J. Paul and Paul Law Group, LLP. v. The Second Judicial District Court of the State of Nevada, In and For the County of Washoe, and the Honorable David A Hardy, District Judge Dept. B15, I141 Nev. Adv. Op. 38 (Aug. 21, 2025)
No full textFighting Institutional Betrayal: Gender Pay Equity Litigation Against University Employers
Full text linkUniversities are workplaces replete with observed gender pay gaps despite the legal protections in place to mitigate against such a reality. This Article analyzes recent university gender pay equity lawsuits to examine their efficacy in four types of litigation: (1) Class and Collection Action; (2) Government Action; (3) Union Action; and (4) Individual Action. From these case studies of different types of litigation, we learn several important lessons about prosecuting equal pay laws and how to best protect against unequal pay.
First, the Article sets forth the gender pay equity landscape, including the national pay gap picture, the legal framework of federal, state, and local laws enacted to close the gap, and the enforcement efforts by federal and state agencies.
The Article then examines the gender pay gap in university workplaces and identifies indicators of pay inequity for female faculty: overrepresentation in part-time work; overrepresentation in contingent positions; and underrepresentation in the highest-paid ranks. It then discusses the keys to uncovering pay disparity.
Next, the Article identifies representative gender pay equity litigations against universities and provides a taxonomy of gender pay equity litigation against universities by type and analyzes lessons learned, successes gained, and concessions made, in the fight for pay equity in university workplaces. Analyzing the litigations from a client-centered lens allows for a deeper understanding of what is at stake in pay equity litigations.
The Article is replete with personal observations by the author, who had the honor of representing female faculty in gender pay equity litigations, as well as serving as a faculty member at a school sued for gender pay equity. From that unique perspective, the Article ends with a catalog of strategic considerations for women facing pay inequity in their university positions
Looking Beyond the Loot Box: Video Game Industry Insights from Las Vegas’ Regulatory History
Full text linkDayani v. Eighth Judicial Dist. Ct., 2024 Nev. Adv. Op. 50 (Aug. 22, 2024)
Full text linkThe court held that a challenge under NRS 172.145(2) should be brought through a motion and not a pre-trial habeas corpus petition. Using methods of statutory interpretation, the court found that for issues involving a grand jury, a party should only use pre-trial habeas petitions to challenge insufficiency of the evidence to reach a grand jury indictment. Any other challenges require a motion. A challenge under NRS. 172.145(2), as in this case, claims that the prosecutor did not provide all exculpatory evidence to a grand jury as required. This does not challenge the sufficiency of the evidence, but instead makes a claim as to the fairness of the grand jury proceedings. Therefore, challenges under NRS 172.145(2) should come to the court through a motion
PHWLV, LLC v. HOUSE OF CB USA, LLC, 140 Nev. Adv. Op. 53 (Aug. 22, 2024)
Full text linkThe Nevada Supreme Court concluded that the appropriate standard of care between commercial property owners and their tenants regarding maintenance of the property owner’s internal fire-suppression system is the duty to use reasonable care in servicing and inspecting the fire-suppression system, and in responding to issues arising from failures of the system
RUAG Ammotec GmbH v. Archon Firearms, Inc., 139 Nev. Adv. Op. 48 (Nov. 16, 2023)
Full text linkThe Supreme Court of Nevada found that under certain circumstances, a nonsignatory to a contract with an arbitration clause can compel another nonsignatory to participate in arbitration. This compulsion is appropriate if the nonsignatory seeking to compel arbitration shows both the right to enforce the contract and that compelling arbitration aligns with standard principles of contract law or estoppel. The Court reversed the district court’s orders denying motions to compel arbitration and remanded for further proceedings
Smith v. State, 140 Nev. Adv. Op. 19 (Mar. 28, 2024)
Full text linkThis case raised several issues regarding the scope of a valid search warrant. Under Nevada law, an affidavit may be incorporated into a warrant to establish probable cause, but that affidavit cannot expand the scope of the search and seizure permitted under the warrant’s specific language. Absent an exception, officers only have a right to follow the specific instructions listed on a warrant. Further, exigent circumstances can allow police to warrantlessly seize a cell phone, but they cannot search the data on the phone unless a new warrant is obtained, or demanding circumstances independently justify the search of the data. In this case, the government violated the Fourth Amendment Constitutional rights afford by the U.S. Constitution, as well as the Nevada Constitution search and seizure provisions