Here’s an article on that mass incarceration panel that took place earlier this week. [TNI]
A “sovereign citizen” was sentenced yesterday. [RJ]
Closing arguments started in the David Copperfield trial. [RJ]
The Vegas Golden Knights will face the Washington Capitals in game 1 of the Stanley Cup Final on Monday. [RJ]
It’s Memorial Day Weekend and the unofficial start of summer. Are any of you getting out of town? What’s the hot vacation spot this year? Please don’t drive if you’ve been drinking and we’ll see you back here next week!
I had Judge Jay Bybee for Con Law I and II. He eviscerated me on Casey v. Planned Parenthood (so much so I remember the case 20 years later). He also would not condescend to mentor a part-time law student because I obviously did not have the commitment a full-time student had and told me so. I enjoyed arguing in front of him in the Ninth Circuit years later. One of his fellow judges was rolled in in a wheelchair, sleeping and drooling through the entire calendar. Bybee never batted an eye.
True. Sandoval rewarded with a lifetime judicial appointment to get out of a certain senator's way. It's all politics and everyone just shrugs it off no matter how dirty it gets.
This is not the first, and will likely not be the last, time Judge Jones has been reprimanded by the 9th Circuit and a case reassigned due to the fear of him being too biased or partial.
Anyone have recommendation for an immigration lawyer in the LA area?
Many thanks,
Guest
Anonymous
May 24, 2018 6:05 pm
Woods & Erickson LLP dba Woods Erickson & Whitaker LLP
v.
Andrew B. Platt; L&S Counselors Ltd.; Gatehouse Strategies LLC; Does
5/23/2018 A-18-774926-C Escobar
Fraud, fiduciary duty and intentional interference with economic relations. Defendant Platt stole fees from plaintiff, used their resources to deal with a competing venture, and solicited clients for defendant L&S, among other issues.
It still surprises me that after NRS 4.370 was amended such that Justice Court has jurisdiction for up to $15k cases and that jurisdiction in District Court, per NRCP 8(a), now requires an allegation of "damages in excess of $15,000.00", that firms haven't updated their pleading templates to change "damages in excess of $10,000.00" to "damages in excess of $15,000.00". Defendants could file a Motion to Dismiss for lack of jurisdiction in District Court based solely on that. Of course that just leads to an opposition and counter-motion to amend with that simple change; but still, why waste client funds doing a complaint that doesn't simply list $15,000.00 now?
Not that it excuses being unfamiliar with the rule, but if you are just using the online NRCP, NRCP(a) still requires pleading damages in excess of $10,000. Obviously lawyers should be keeping up with rule changes, but it's absurd it takes the LCB this long to update online resources.
Totally agree – it is absurd it takes the LCB this long to update online resources. The Nevada law library is maintained by the state – and its homepage specifically states:
The Nevada Revised Statutes (NRS) are the current codified laws of the State of Nevada.
So dumb that it takes two plus years to update this thing. It is particularly problematic for any layperson who wants to review a statute.
Guest
Anonymous
May 24, 2018 10:19 pm
I have lots of thoughts about what a jury would have done with this information..
I would guess that a large portion of that verdict is based upon loss of future earnings. In which case, showing the $1M he earned last year would have been used to extrapolate what his future earning capacity would have been. Excluding that he was unemployed at the time of his death, and the reason for his unemployment, would likely have influenced the dollar amount the jury awarded.
It doesn't mean he couldn't work. It wasn't a secret he was terminated. You don't give future earnings based on the job you currently have. They could have cross examined the expert about many things, such as losing a job. The opinion is not dependent upon the exact job you have at the time otherwise someone who was just fired would have no claim which defies logic. Just because you get fired from shitty defense insurance #1 doesn't mean you can't work at shitty firm #2.
That is accurate, however, if you are fired from shitty defense firm #1 for something that could lead to discipline/suspension/disbarment (like fraud, which is alleged here), you probably wouldn't wind up getting another job as an attorney. That would change your earning potential.
UNR's president should be fired over this action by one of his employees.
Guest
Anonymous
May 25, 2018 12:24 am
PLEASE REMEMBER THERE IS STILL TIME TO VOTE IN THE BOG ELECTIONS! MORE IMPORTANTLY, PLEASE ENCOURAGE OTHERS TO VOTE! THIS ELECTION WILL BE DETERMINED BY TURNOUT!
CHALLENGERS:
Andrew Craner*
Jessica Goodey*
Terry Coffing
Casey Quinn*
Cory Santos, Sr.*
Jay Shafer*
INCUMBENTS:
Paola Armeni
John "Jack" Howard, Jr.
Kari Stephens
Ryan Works
Did you notice the bar didn't mention elections are still ongoing in their weekly email this week?
Guest
Anonymous
May 25, 2018 2:40 am
I need a therapist to help me. No drugs, alcohol or substance abuse. I am just overwhelmed by work and suffering from some anxiety. I need help. I know LCL has a free session or two with a therapist, but having watched the State Bar over the last couple of years, I don't want to risk contact with LCL, even if I am just being irrational. Referrals please?
I wish I knew of one but I can offer this: Do not give up hope or quit trying. Exercise, reach out if you can to people you care about and who care about you, listen to the negative things you say to yourself and ask would you treat someone you cared about as badly as you treat yourself. No answers, just know that you aren't alone in this.
Carrol Marquis 702-233-8771. Has an office on Lake Mead near Sun City. She is a former paralegal and was married to Al Marquis. She understands the legal profession and its stressors. She is a true gem.
Many years ago I was where you are once. I went to a psychiatrist (a real doctor, not a therapist with a piece of paper from U. of Phoenix). He gave me ten doses of an antidepressant to take at night as a sleep aid (insomnia was my worst symptom). After ten days I was fine and never had to go back.
After all of Coe and Mitch's hard work it is sad to see that the BOG and OBC have so diminished the Bar as a whole that people don't feel comfortable going through them. I agree that the Bar isn't too be trusted, it is just too bad that LCL gets lumped in with it.
Is there a way to make something of our own that isn't under the Bar?
9:56's advice is something I think we all need to remember from time to time. You're not alone. So many of us are struggling with the same issues. Reach out to your friends, they love you and they don't hold you to the same unreasonable standards you've probably set for yourself. We're taught to be kind to others, but it's equally important to be kind to ourselves. Good luck in your search for a physician/therapist. Don't be afraid to try a few if the first one isn't the right fit.
I am still mortified about the spectacle a few years ago in Judge Leavitt's courtroom where a defense lawyer was plastered on trial day and unable to function. It used to be that when such a thing occurred, the judge and opposing counsel would have immediately pulled the drunken sot into chambers, Mitch would have been called, and the lawyer would have gotten help. Now they are left to squirm in open court with viral videos, all to the detriment of our profession. That one easily could have ended up in a suicide. Thank God it did not. We have to help each other.
Caramagno. Beyond a case of being a little tipsy in court and appeared with questionable company in the courtroom. But I share your sentiment that we are so quick to vilify attorneys rather than come to their rescue. We talked a few weeks ago about Hafter, Nancy Quon, Dave Amesbury… Yes they were attorneys in trouble but did not deserve to be chased off a cliff.
It is sometimes possible, using advanced data recovery techniques, for a data recovery service to recover this type of data. You'd be sending them your hard disk, if i upgrade to windows 10 will i lose everything and you'll be writing a fairly large check, 2) Take a look at the output of dbcc loginfo. It returns one row for each VLF that you have in your log file. The status column tells you whether the VLF is in use or not.
I had Judge Jay Bybee for Con Law I and II. He eviscerated me on Casey v. Planned Parenthood (so much so I remember the case 20 years later). He also would not condescend to mentor a part-time law student because I obviously did not have the commitment a full-time student had and told me so. I enjoyed arguing in front of him in the Ninth Circuit years later. One of his fellow judges was rolled in in a wheelchair, sleeping and drooling through the entire calendar. Bybee never batted an eye.
Jay Bybee, rewarded with a Ninth Circuit position for the "torture memo."
True. Sandoval rewarded with a lifetime judicial appointment to get out of a certain senator's way. It's all politics and everyone just shrugs it off no matter how dirty it gets.
I dunno, I feel like "torture is actually good and legal" is a little more serious than typical grubby politics.
Which senator?
This is not the first, and will likely not be the last, time Judge Jones has been reprimanded by the 9th Circuit and a case reassigned due to the fear of him being too biased or partial.
Senator Harry Reid appointed Sandoval to the federal bench. The rumor at the time was Sandoval was going to run for senate.
Nothing to see here…Ha..Harold Reid
Anyone have recommendation for an immigration lawyer in the LA area?
Many thanks,
Woods & Erickson LLP dba Woods Erickson & Whitaker LLP
v.
Andrew B. Platt; L&S Counselors Ltd.; Gatehouse Strategies LLC; Does
5/23/2018 A-18-774926-C Escobar
Fraud, fiduciary duty and intentional interference with economic relations. Defendant Platt stole fees from plaintiff, used their resources to deal with a competing venture, and solicited clients for defendant L&S, among other issues.
This Complaint is an interesting read!!
Early line on disbarment:
Andrew Platt
Will be disbarred -200
Will not be disbarred +450
Kent Woods
Will be disbarred -110
Will not be disbarred +350
Heard about this before. There may be a second part of this involving Glen too.
Fun stuff.
Obviously, the Bar will try to disbar him. Easy target since he is dead.
It still surprises me that after NRS 4.370 was amended such that Justice Court has jurisdiction for up to $15k cases and that jurisdiction in District Court, per NRCP 8(a), now requires an allegation of "damages in excess of $15,000.00", that firms haven't updated their pleading templates to change "damages in excess of $10,000.00" to "damages in excess of $15,000.00". Defendants could file a Motion to Dismiss for lack of jurisdiction in District Court based solely on that. Of course that just leads to an opposition and counter-motion to amend with that simple change; but still, why waste client funds doing a complaint that doesn't simply list $15,000.00 now?
Not that it excuses being unfamiliar with the rule, but if you are just using the online NRCP, NRCP(a) still requires pleading damages in excess of $10,000. Obviously lawyers should be keeping up with rule changes, but it's absurd it takes the LCB this long to update online resources.
Totally agree – it is absurd it takes the LCB this long to update online resources. The Nevada law library is maintained by the state – and its homepage specifically states:
The Nevada Revised Statutes (NRS) are the current codified laws of the State of Nevada.
So dumb that it takes two plus years to update this thing. It is particularly problematic for any layperson who wants to review a statute.
I have lots of thoughts about what a jury would have done with this information..
http://www.lasvegasnow.com/news/i-team-exclusive-death-of-former-unr-doctor-raises-questions-with-bus-company/1195359597
Why would they get that info? First, the guy is dead so how is it relevant. Second, it is an allegation he can't defend because he is dead.
I would guess that a large portion of that verdict is based upon loss of future earnings. In which case, showing the $1M he earned last year would have been used to extrapolate what his future earning capacity would have been. Excluding that he was unemployed at the time of his death, and the reason for his unemployment, would likely have influenced the dollar amount the jury awarded.
It doesn't mean he couldn't work. It wasn't a secret he was terminated. You don't give future earnings based on the job you currently have. They could have cross examined the expert about many things, such as losing a job. The opinion is not dependent upon the exact job you have at the time otherwise someone who was just fired would have no claim which defies logic. Just because you get fired from shitty defense insurance #1 doesn't mean you can't work at shitty firm #2.
That is accurate, however, if you are fired from shitty defense firm #1 for something that could lead to discipline/suspension/disbarment (like fraud, which is alleged here), you probably wouldn't wind up getting another job as an attorney. That would change your earning potential.
True. Leaving shitty defense firm will likely increase your lifetime earning potential, whether as an attorney or no.
1206 you we correct, but currently they are allegations so i don't think a judge would let it in to evidence. Granted this is Vegas so who knows.
UNR's president should be fired over this action by one of his employees.
PLEASE REMEMBER THERE IS STILL TIME TO VOTE IN THE BOG ELECTIONS! MORE IMPORTANTLY, PLEASE ENCOURAGE OTHERS TO VOTE! THIS ELECTION WILL BE DETERMINED BY TURNOUT!
CHALLENGERS:
Andrew Craner*
Jessica Goodey*
Terry Coffing
Casey Quinn*
Cory Santos, Sr.*
Jay Shafer*
INCUMBENTS:
Paola Armeni
John "Jack" Howard, Jr.
Kari Stephens
Ryan Works
Statement by challenger Jay Shafer here: https://lasvegaslawblog.blogspot.com/2018/05/procedurally-improper.html?showComment=1526081354206#c6929486821478588602
Bios here: https://www.nvbar.org/about-us/board-of-governors/board-governors-elections/2018-board-governors-candidates/
*Candidates have publicly stated opposition to random audits of trust accounts.
Quinn … says one thing and actions does another.
Did you notice the bar didn't mention elections are still ongoing in their weekly email this week?
I need a therapist to help me. No drugs, alcohol or substance abuse. I am just overwhelmed by work and suffering from some anxiety. I need help. I know LCL has a free session or two with a therapist, but having watched the State Bar over the last couple of years, I don't want to risk contact with LCL, even if I am just being irrational. Referrals please?
I wish I knew of one but I can offer this: Do not give up hope or quit trying. Exercise, reach out if you can to people you care about and who care about you, listen to the negative things you say to yourself and ask would you treat someone you cared about as badly as you treat yourself. No answers, just know that you aren't alone in this.
We had a great thread with several recommendations last month. You can check it out here: https://lasvegaslawblog.blogspot.com/2018/04/job-tips-naming-practice.html?showComment=1523554099492#c8752257384352565264
Carrol Marquis 702-233-8771. Has an office on Lake Mead near Sun City. She is a former paralegal and was married to Al Marquis. She understands the legal profession and its stressors. She is a true gem.
Many years ago I was where you are once. I went to a psychiatrist (a real doctor, not a therapist with a piece of paper from U. of Phoenix). He gave me ten doses of an antidepressant to take at night as a sleep aid (insomnia was my worst symptom). After ten days I was fine and never had to go back.
After all of Coe and Mitch's hard work it is sad to see that the BOG and OBC have so diminished the Bar as a whole that people don't feel comfortable going through them. I agree that the Bar isn't too be trusted, it is just too bad that LCL gets lumped in with it.
Is there a way to make something of our own that isn't under the Bar?
9:56's advice is something I think we all need to remember from time to time. You're not alone. So many of us are struggling with the same issues. Reach out to your friends, they love you and they don't hold you to the same unreasonable standards you've probably set for yourself. We're taught to be kind to others, but it's equally important to be kind to ourselves. Good luck in your search for a physician/therapist. Don't be afraid to try a few if the first one isn't the right fit.
I am so disheartened that the Bar has become an entity people fear even re their mental health – hang in there friend
Rebecca Jankovich Ph.D., Reno – was married to a lawyer (who is now deceased), and has helped many lawyers. No connections to LCL, BOG or OBC.
I am still mortified about the spectacle a few years ago in Judge Leavitt's courtroom where a defense lawyer was plastered on trial day and unable to function. It used to be that when such a thing occurred, the judge and opposing counsel would have immediately pulled the drunken sot into chambers, Mitch would have been called, and the lawyer would have gotten help. Now they are left to squirm in open court with viral videos, all to the detriment of our profession. That one easily could have ended up in a suicide. Thank God it did not. We have to help each other.
Caramagno. Beyond a case of being a little tipsy in court and appeared with questionable company in the courtroom. But I share your sentiment that we are so quick to vilify attorneys rather than come to their rescue. We talked a few weeks ago about Hafter, Nancy Quon, Dave Amesbury… Yes they were attorneys in trouble but did not deserve to be chased off a cliff.
Get a good indica.
It is sometimes possible, using advanced data recovery techniques, for a data recovery service to recover this type of data. You'd be sending them your hard disk, if i upgrade to windows 10 will i lose everything and you'll be writing a fairly large check, 2) Take a look at the output of dbcc loginfo. It returns one row for each VLF that you have in your log file. The status column tells you whether the VLF is in use or not.
Who u people?