Passport, Please

  • Law

  • The State-level eviction moratorium is extended two months. [TNI]
  • A staffing firm and executive indicted in Vegas school-nurse wage fixing case. [Las Vegas Sun]
  • Vaccine passports launched in Las Vegas, but privacy and choice still concerns. [RJ]
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Anonymous
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Anonymous
March 31, 2021 6:15 pm

So what happens when the state moratorium ends and the federal goes on for a month or longer? does the justice court move forward with evictions? I think they should. Evictions are clearly a matter of state law.

Anonymous
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Anonymous
March 31, 2021 8:17 pm
Reply to  Anonymous

Good question. I have wondered the same.
Does a CDC directive have the force of law?
Is the Commerce Clause implicated here as a restraint on state powers?
Are evictions, particularly summary evictions, a matter of procedural law rather than state substantive law subject to federal regulation?
PS: Please don't answer if you don't know. I really would like some education.

Anonymous
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Anonymous
March 31, 2021 8:36 pm
Reply to  Anonymous

The Governor indicated that eviction notices (5 Day and 7 Days) may be issued and cases processed with the actual eviction date to be stayed and set after June 30th.

Anonymous
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Anonymous
April 1, 2021 2:15 pm
Reply to  Anonymous

U.S.—According to a new CDC study, 30% of Americans who have received the vaccine plan to spend the rest of their earthly lives hiding in their basements just in case the vaccine doesn't work.

"The most important thing is for all of us to stay safe," said Cander Roybie, who has received all three versions of the vaccine. "Dr. Fauci said there may be a chance the vaccine won't stop all forms of the virus, so I think the best thing I can do is stay here."

Roybie told reporters he has resigned himself to hiding in his damp, dark basement with his friend Marley, living off of food orders from DoorDash until they die.

"It's a good life, a really good life. This is a good thing," he said. "As long as there's any chance of death by virus still existing in the world, we're staying put!"

Unfortunately, he had to venture upstairs 5 minutes later to reset his Wi-Fi router. There is currently no word on his condition.

Anonymous
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Anonymous
April 3, 2021 1:19 am
Reply to  Anonymous

7:15: just keep telling yourself what you wish to believe – that people who don't believe COVID is a hoax perpetrated by the Democratic party to make Trump look bad are scared sheep, or some version of that narrative. My spouse and I got our vaccines, and we go out to eat, fly, and otherwise behave as we normally would. Same for everyone else we know who has been vaccinated. But you keep believing whatever you want.

Anonymous
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Anonymous
March 31, 2021 7:09 pm

Extending the eviction deadline is "no problem". I will get to work on foreclosing on landlords AND after the foreclosure sale, the new owner will evict the tenant anyway.

Anonymous
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Anonymous
March 31, 2021 7:48 pm

Esteemed colleagues. Trying to settle a debate, what is the proper pronunciation of the following?

1) ex parte
Pronounced par-tee or par-tay

2) in limine
lim-in-ee or lim-in-nay

3) in re:
ree or ray

Anonymous
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Anonymous
March 31, 2021 8:07 pm
Reply to  Anonymous

For me I was taught and have always gone by:

1. par-tay
2. lim-in-nay
3. ray

Anonymous
Guest
Anonymous
March 31, 2021 8:30 pm
Reply to  Anonymous

Latin "e" is either pronounced "a" as in date (if long) or "e" as in bet (if short). The "e" in parte, limine and re are all long. Thus, you get par-tay, lim-in-nay, and ray. You'd never give an "e" a long "e" sound.

Anonymous
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Anonymous
March 31, 2021 8:35 pm
Reply to  Anonymous

I've been saying limine wrong. Thank you!

Anonymous
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Anonymous
March 31, 2021 8:37 pm
Reply to  Anonymous

Pretty sure it's Limón

Anonymous
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Anonymous
March 31, 2021 9:13 pm

Question for those of you in the probate area. I don't do much of this. I have a friend who asked me to help him out with his father's will. He did not lodge it with the court as required and more than 30 days has already passed. What does this mean for him going forward? Thanks

Anonymous
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Anonymous
March 31, 2021 9:17 pm
Reply to  Anonymous

Well, if there's someone who has been injured by the delay, he could be liable. Practically speaking, though? Just lodge it. Or take a picture of it and email it to the clerk, and lodge it after covid precautions are over.

Anonymous
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Anonymous
March 31, 2021 9:24 pm
Reply to  Anonymous

The most likely scenario for liability would be if the estate were distributed by intestacy (or by an older will) before the will was lodged. This would require quite a bit of time to pass. There is no penalty for a late lodging, per se. It happens often. Just get it lodged. I've never seen anyone found liable for failure to lodge a will within 30 days, although it is possible.

Anonymous
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Anonymous
April 1, 2021 5:51 am
Reply to  Anonymous

Court clerk's office is open Mon-Thu 1p-4p and something like Fri 9p-4p (I don't recall the exact start time on Friday.)
Go to the family court on 601 N. Pecos Road, LV NV, take your bar card out of your wallet and hold it in your hand (flash it to the marshall at security) walk in, veer to the right and ask for an 'attorney ticket'. If you're not in "uniform" (full suit & tie) then flash your bar card to the clerk when you get called up. Give them the original will for them to file, give them your bar number/name/etc. Pay the $18 with your debit card, sign the form stating you're the one submitting it, and they'll give you a file-stamped copy of it with a "Wxxxxxxxx" number written on it. That's the number that's referenced in the probate petition "The Will was filed on X/Y/Z and indexed as W1234567."

Like the above said – unless the assets have been distributed claiming no Will was found, i.e. no probate has been done, then you should be fine.

Anonymous
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Anonymous
April 1, 2021 5:12 pm
Reply to  Anonymous

Or you could just mail the Will with a check and cover letter, saving 3 hours from your day.

Anonymous
Guest
Anonymous
March 31, 2021 10:08 pm

So what's going on with Adam Smith Law? Cases being dumped, new phone number, etc.

Anonymous
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Anonymous
April 1, 2021 12:08 am
Reply to  Anonymous

Retirement. And a loan business.

Anonymous
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Anonymous
April 1, 2021 4:39 pm
Reply to  Anonymous

Good for him. I always liked him and am happy that he is getting out before getting gotten.

Anonymous
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Anonymous
April 1, 2021 5:19 pm
Reply to  Anonymous

Adam if you're reading this – loan business? You're a lawyer so you know but I have to say this – BE CAREFUL! This is a recipe for oversight by every state and federal agency you can imagine. If I had PI money, I'd retire and set off into the sunset.

Anonymous
Guest
Anonymous
April 1, 2021 5:52 pm

I just watched Godzilla versus Kong. F*@k escaping to Mars. Musk needs to can the space exploration stuff and focus on Hollow Earth exploration. That is where humanity's answer is to global warming. I'm just saying.