Infrastructure Mayhem

  • Law

  •  Ozzie Fumo is going to run for Clark County DA. [RJ]
  • A Humboldt County District Court Judge dismissed a lawsuit to stop Nevada GOP leadership election. [RJ]
  • City leaders, truck drivers reflect on infrastructure mayhem. [KTNV]
  • The Bar sent out a friendly reminder today that your CLE credits are due by December 31.
  • What else is happening out there this fine, fall Friday?
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Anonymous
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Anonymous
October 15, 2021 5:28 pm

I got del taco for breakfast. Solid decision.

Anonymous
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Anonymous
October 15, 2021 5:47 pm
Reply to  Anonymous

Their little hash browns are tasty

Anonymous
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Anonymous
October 15, 2021 10:53 pm
Reply to  Anonymous

Love the breakfast burrito with egg and cheese.

Anonymous
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Anonymous
October 15, 2021 5:57 pm

Robert Malone is the modern mRNA Harriet Beecher Stowe.

Anonymous
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Anonymous
October 15, 2021 6:26 pm

Fairly lively discussion on yesterday's thread concerning how judicial appointments are usually dominated by political concerns, rather than the actual legal abilities and reputation of the applicants.

Now, that's an unfortunate dynamic we all know about, but an additional point of interest was also stressed-that being that sometimes there are no outstanding lawyers to choose from, which then offers some justification to focus on politics and demographics when choosing form an uninspiring, mediocre field of applicants.

And Exhibit #1, as to such point, was the current 12 applicants vying to replace Judge Gonzalez. They were derided by some posters as being long on ambition, but short on legal ability.

That seemed quite a harsh assessment, so I examined the list myself.

And yes, I recognized several of the 12 names, but I only recognized such names as such applicants were people who have made multiple attempts at being appointed or elected as judge, as opposed to being known for great legal skills and reputation.

Anonymous
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Anonymous
October 15, 2021 6:30 pm

11:26, I had same reaction.

I recognized about half the names, but only on account that they achieved some degree of name recognition from seeking a judgeship on more than one occasion.

I did not recognize one name based on skill and reputation in the legal community.

Could be that some of these people would make fine judges, but it is admittedly a concern if the ones whose name many of us recognize,we only recognize the names because they repeatedly seek a judgeship.

Anonymous
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Anonymous
October 15, 2021 10:05 pm
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The reality is that talent is not welcome on the bench. I still weep that titans of the law like Coffing and Aurbach didn't make it to the bench. That's patently ridiculous.

Anonymous
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Anonymous
October 15, 2021 10:43 pm
Reply to  Anonymous

And yet if there were appointments and retention, you would be complaining that only members of the "club" get appointed. This is a no win situation. Someone will always be unhappy with the judges. If you don't like these judges, then go hire Terry or Phil as a private arbitrator. And I say this as someone who is very disappointed that Phil didn't win, or rather that his opponent won.

Ben Nadig
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Ben Nadig
October 15, 2021 10:45 pm
Reply to  Anonymous

Titans of the law? Come on man. Chemerinsky is a titan of the law, the dude who does the discovery blog is a titan of the law, people who practice in front of the US Supreme Court are titans of the law. They're really successful attorneys in Vegas; thats like being the smartest kid with down syndrome, it's not a big pool and especially not in the 80's and 90's. Now go back to billing hours for them and one day if you work hard enough they'll make you Of Counsel.

Anonymous
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Anonymous
October 15, 2021 10:55 pm
Reply to  Anonymous

3:45, you're quite correct(as well as being quite witty) at calling 3:05 out as to that "titans of the law" hyperbole.

But still, 3:05 and other posters have a valid point. We lost a few solid incumbents to opponents of no particular note in the legal community.

But these new judges may do just fine, so it may work out okay in the long run.

But losing those who 3:05 mentioned, as well as Rob Bare, seems a shame–at least for now, until we see how their successors perform.

Anonymous
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Anonymous
October 16, 2021 3:20 am
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Ben – the guy who does the discovery blog is a titan of law? You think some defense hack is on the same level as a Chemerinsky? Come on. You are better than that.

Anonymous
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Anonymous
October 16, 2021 6:23 am
Reply to  Anonymous

8:20 PM,

The author of that blog is a fine attorney. He is exemplary in both his acumen and his professional conduct. It is lame to see someone like that labeled a "hack" in an anonymous blog. And, no, I am not him. But I respect him.

Anonymous
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Anonymous
October 16, 2021 7:29 pm
Reply to  Anonymous

Boooo Hoooo Hoooo

Anonymous
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Anonymous
October 16, 2021 8:23 pm
Reply to  Anonymous

Chemerinsky is an overrated far-far-left loon. I would take Aurbach and Coffing over that clown any day.

Anonymous
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Anonymous
October 15, 2021 6:33 pm

I think 3 of the 12 would do a fine job in my opinion. I don't want to mention who they are as that could be interpreted as an insult to the other 9.

And it could be that some of these remaining 9 would do fine. I just don't know them

Anonymous
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Anonymous
October 15, 2021 7:41 pm

Is it just me, or does there seem to be a double standard as to the scope of discovery for plaintiffs and defendants?

Anonymous
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Anonymous
October 15, 2021 8:16 pm

I don't know, but what I do believe, after decades of practice, is that discovery, in general, is a grossly over-rated litigation technique.

By the time I get to trial, the documents that I score points with were either provided by my own client, or in some cases obtained by subpoena or releases.

I have seldom obtained great documents from the opposing side, via traditional discovery requests, that have really been used to great effect at trial to gain points with the trier of fact, or to discredit witnesses, etc.

I asked several colleagues, and once they're really gave it some thought as to really effective documents or information they used at court proceedings, they agreed that the vast majority of the time they obtained them directly from their client, or via methods other than discovery requests served on the other side.

Now, a lot of this may vary depending on what area of practice we are talking about.

Now, that all said, although myself and the colleagues I spoke to agreed that we have not obtained too many dramatically game-changing documents through discovery, that written discovery was still quite valuable for a different reason–when parties fail to adequately respond, eventually that can be used to gut certain claims or defenses they offer.

Anonymous
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Anonymous
October 15, 2021 8:22 pm

Interesting point, 1:16.

I partly agree.

I don't share your experience of seldom receiving valuable documents through discovery.

But I do agree that it has not happened as often, or as effectively, that it should have in order to justify the incredible time and expense spent on discovery matters in most pieces of litigation.

I also agree that when documents are not produced, and you are forced to resort to discovery motions, it seldom results in the highly useful documents being produced. But it can help receive attorney fees awards, or, more importantly, in more severe examples claims and defenses preclusion.

Anonymous
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Anonymous
October 18, 2021 4:22 pm

In a time when everyone is complaining about everything and everyone in the world, I would like to celebrate Bill LaBorde at Oasis Court Reporting. He is a genuine, authentic, and hardworking member of our legal community. If you're looking to try a new firm, or if you have the choice between the many in town, please consider Bill/Oasis. He goes above and beyond in ways that most people will never find out about, he is a friend to our community and I would love to see him have all the successes he deserves. Thank God for people like Bill!

Anonymous
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Anonymous
October 18, 2021 5:11 pm
Reply to  Anonymous

Yes!

Anonymous
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Anonymous
October 18, 2021 8:24 pm
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I am all for passion but this quote on the school webpage. "I’d love to have a school of activists, fighting for what they think is important. It doesn’t have to be what I believe in, but they need to be fighting for things they think will positively change the world.” How about a school of lawyers who are trained how to engage in their profession?

Anonymous
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Anonymous
October 18, 2021 8:27 pm
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Somewhere out there, there's an anonymous troll who is tempted to disparage this person in response to the positive comment. Please don't. It would be nice if this blog became a place where we could safely make shout outs and kudos.

Anonymous
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Anonymous
October 18, 2021 8:59 pm
Reply to  Anonymous

He's a great guy once you get to know him, just don't judge him by the company he keeps within the legal community.