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Davitian-Kostanian v. Kostanian, 139 Nev. Adv. Op. 27 (Aug. 31, 2023)
Get PDFNRS 12B.110 creates a statutory exception to the general rule under NRS 125C.0045(1)(a) which requires that modification to child support order may only be made when the child is still a minor. Further, while a change in monthly income may constitute a change in circumstances under NRA 125.150(8), this doesn’t mean that increased monthly income is sufficient to approve modified alimony
Kelley v. Kelley, 139 Nev. Adv. Op. 39 (Sep. 28, 2023)
Get PDFThe Nevada Supreme Court ruled that when it comes to disputes over medical treatment for children of parents with joint legal custody, the most appropriate standard is the best-interest-of-the-child standard. To determine the best interests of a child, the Court recommended a factor test to weigh the treatment’s potential harm, whether the child’s doctor recommends the treatment, the treatment’s potential risks, and the child’s preferences, depending on their age. Here, the Court applied that test and ruled that a doctor’s recommendation, judicial notice of findings from the CDC, and the potential risks of contracting COVID-19 were sufficient for a parent to establish that vaccination was in the child’s best interest, even if the other parent disagreed
Of Marks and Markets: An Empirical Study of Trademark Litigation
Get PDFTrademarks are increasingly valuable assets, and some companies aggressively enforce and protect these assets. Such aggressive tactics can harm small businesses and chill creativity and speech, but trademark owners are routinely told that the law requires them to stop all similar third-party trademark usage or risk abandonment of their rights. While prior scholarship has discussed how the risk of trademark abandonment is quite low, incentives built into trademark law still push companies to court. This Article presents the results of an event study utilizing an established database of trademark infringement cases to provide insight to decisionmakers on whether the stock market supports such enforcement actions when taken by publicly traded companies. Unlike in prior litigation event studies, this study finds that the market responds negatively to the plaintiff\u27s filing of the trademark suit but does not respond negatively toward the defendant. This result suggests that, unlike in patent litigation, the market may prefer that trademarks be protected outside of court. Given that corporate law protects officers and directors from liability in most circumstances, these decisionmakers have the freedom to choose more creative, strategic enforcement measures. Public companies would be wise to consider this additional source of data when balancing trademark law\u27s push toward aggressive enforcement
Human Rights, Human Duties: Making a Rights-Based Case for Community-Based Restorative Justice,
No full textRestorative justice is often framed as an alternative to the criminal legal system, and thus justifications of restorative justice tend to be rooted in the language of the criminal system. However, this approach limits our way of thinking about the practice of restorative justice, especially non-state, community-based practices. This Article argues for an independent, rights-based justification to support these community-based practices. By offering an in-depth analysis originating from a rights-based perspective, this Article engages with two underdeveloped areas of scholarly literature and suggests a new way of thinking about the day-to-day practice of restorative justice through a human rights lens. First, it takes a step towards filling the relative absence of robust analysis exploring modern day-to-day restorative justice-as opposed to the transitional justice or purely indigenous justice mechanisms-from the perspective of human rights law. Second, it engages with the relatively neglected discourse on non-state individual and community duties to promote human rights and joins the voices arguing for the recognition of such duties. Third, this Article theorizes the content of the dignity claim held by parties who have been harmed or committed harm. It then develops the corresponding duty to promote human dignity after an interpersonal harm has been committed. This Article concludes by arguing that this duty is at least partially fulfilled by community-based restorative justice practices. When engaging in these practices, duties are mainly borne by individuals and nonstate communities, with the state bearing duties to permit and support such practices, to the extent those practices meet their ethical obligations, as well as to meet certain needs
Republican Nat’l Comm. v. Dist. Ct., 138 Nev. Adv. Op. 88 (Dec. 29, 2022)
Get PDFIn a per curiam opinion, The Nevada Supreme Court denied the Republican National Committee’s (RNC) emergency writ requesting mandatory statutory compliance by the Clark County Registrar. The Court found that the RNC incorrectly interpreted Nevada election statutes and failed to demonstrate a clear legal right to the requested relief
In re Tr. Agreement of Davies, 138 Nev. Adv. Op. 89 (Dec. 29, 2022)
Get PDFIn an opinion authored by Justice Pickering, following both the NRS and California law, the Court affirmed the district court’s holding, finding that a written instrument can transfer assets within a trust with real property, without a separate deed and, a description of real property held in trust satisfies the Statute of Frauds so long as the description provides sufficient means to identify the property using extrinsic evidence
Moroney v. Young, 138 Nev. Op. 76 (Nov. 23, 2022)
Get PDFWhen a plaintiff timely moves for an extension of the service period under NRCP 4(e)(3), the district court must consider the Scrimer factors. This includes factors that relate to the plaintiff’s diligence in attempting service and to any circumstances beyond the plaintiff’s control that may have resulted in the failure to timely serve the defendant. The Court addressed which factors are to be applied when a district court considers a timely motion to extend the service period for a summons and complaint. The Court had previously articulated the relevant factors to determine whether a plaintiff has shown good cause for filing an untimely motion to extend the time for service of process. The Court concluded that the same factors apply to timely motions
Providence Corp. Development v. Kaycean Buma, 139 Nev. Adv. Op. 19 (Jul. 13, 2023)
Get PDFAn employee who is injured while on work-related travel does not need to show that the activity which harmed him was foreseeable to his employer in order to recover under Nevada’s workers’ compensation statutes