“We acknowledge that most jurisdictions have concluded that contractual waivers of statute-of-limitations defenses violate public policy” and “while we appreciate those concerns” . . . we don’t care. A contract is a contract.
In theory, this would allow a creditor to assert claims against the estate of a debtor when a statute of limitations could have expired at any time in the past? I anticipate “statute of limitation waivers” will start getting snuck into all sorts of agreements with less sophisticated borrowers and parties with unequal bargaining power.
Agree. Note that our NSC has already held that the small font terms of online services and agreements are contractually valid, and not one sided, even though no one reads them and they are so voluminous and full of legal jargon that the average person would not understand the terms.
Reba’s Law should 100% pass. i feel we need heighten civil penalties as well. Last i heard there was a $5k cap on harm/death to animals. I think that’s BS. If someone killed or injured my dog, a faithful family companion for many years, the cap should be much higher (if any). especially when Vet bills nowadays can easily exceed 5k
A person Allows the torture of or cruelty to an animal to occur if the person does nothing to prevent or stop the torture of or cruelty to an animal in circumstances in which the person knows or has reason to know that the torture or cruelty is occurring…
We now have a duty to break the window of any vehicle parked with a dog inside if the sun is shining – how are we supposed to know if it’s an electric car with the AC running?
I love my two dogs dearly and would be – will be upset and shed a tear when they pass. I’ve had pets die in the past and it’s very sad. By the same token they are animals/chattel. Absent some extra-ordinary value (Triple Crown winner, Champion Bull, etc) I have no problem whatsoever with capping damages for the loss of a pet. I already think the PI rule is off the rails. I can hardly imagine what would happen if there was no cap on damages. In addition, I’m fairly certain some animals would be intentionally killed.
Guest
Anonymous
March 13, 2025 12:48 pm
Just to be clear, the Nevada Commission on Judicial SELECTION convened to nominate for the 7th Judicial District Court Bench. The Judicial Discipline Commission has a different purpose.
For those who know, yes he is and was. Been dead for 29 years and people still talk about him reverentially. Practiced here for 55 years and represented almost every major property at the time. Not counting his extensive business holdings (including those with Jim Rogers), Wiener was a master lawyer. Yeah he is still a legend in this town.
Also the Phi Alpha Delta chapter at Boyd is named after him. There were multiple attempts to change the name recently, but I believe it’s still the Wiener chapter.
Thoughts on Nevada Supreme Court ruling today saying you can contract around SOL.
“We acknowledge that most jurisdictions have concluded that contractual waivers of statute-of-limitations defenses violate public policy” and “while we appreciate those concerns” . . . we don’t care. A contract is a contract.
If an agreement to toll a statute of limitations is enforceable, why should a more general contract waiving a statute of limitations be any different?
In theory, this would allow a creditor to assert claims against the estate of a debtor when a statute of limitations could have expired at any time in the past? I anticipate “statute of limitation waivers” will start getting snuck into all sorts of agreements with less sophisticated borrowers and parties with unequal bargaining power.
And if the legislature thinks this decision is wrong, they can change the law.
Didn’t the legislature do that by setting the SOL? Why can the statute of limitations be waived, but the fee structure in med mal can’t be waived?
Agree. Note that our NSC has already held that the small font terms of online services and agreements are contractually valid, and not one sided, even though no one reads them and they are so voluminous and full of legal jargon that the average person would not understand the terms.
Terms and Conditions guaranteed.
This court is woefully out of touch with reality.
Reba’s Law should 100% pass. i feel we need heighten civil penalties as well. Last i heard there was a $5k cap on harm/death to animals. I think that’s BS. If someone killed or injured my dog, a faithful family companion for many years, the cap should be much higher (if any). especially when Vet bills nowadays can easily exceed 5k
A person Allows the torture of or cruelty to an animal to occur if the person does nothing to prevent or stop the torture of or cruelty to an animal in circumstances in which the person knows or has reason to know that the torture or cruelty is occurring…
We now have a duty to break the window of any vehicle parked with a dog inside if the sun is shining – how are we supposed to know if it’s an electric car with the AC running?
Someone’s always living on the edges of the bell curve.
I love my two dogs dearly and would be – will be upset and shed a tear when they pass. I’ve had pets die in the past and it’s very sad. By the same token they are animals/chattel. Absent some extra-ordinary value (Triple Crown winner, Champion Bull, etc) I have no problem whatsoever with capping damages for the loss of a pet. I already think the PI rule is off the rails. I can hardly imagine what would happen if there was no cap on damages. In addition, I’m fairly certain some animals would be intentionally killed.
Just to be clear, the Nevada Commission on Judicial SELECTION convened to nominate for the 7th Judicial District Court Bench. The Judicial Discipline Commission has a different purpose.
Does the judge have to live in Pioche?
Jane Eberhardy lives in Ely. John Muije lives in the middle of nowhere now.
SEND HELP. I’m being held hostage by Dan Polsenberg at the CCBA luncheon.
Dan is Dan. He once told a bar committee we needed to schedule meetings around his child custody schedule.
We are not close to being done.
You’re not done until Dan tells you that you are done, plebe.
I adore Dan. With that said, in a mark of ignominy, he did have a full color picture of himself put on the cover of Nevada Lawyer.
LEGENDARY.
https://www.youtube.com/watch?v=Dqf1BmN4Dag&t=
. . . . . . .again
Today’s CCBA 40-Year Club Luncheon was excellent. A little long, but a lot of great stories and advice from longtime practitioners…
– Be honest
– Be respectful to OPC
– Don’t ask a question you don’t know the answer to… What else?
Only sexually harass ugly women as no one will believe them.
Crass
Louie Weiner is a legend?
Yes he created the Omelet House and was a fine gentleman.
I had no idea. Love that place. Just had breakfast there yesterday, and it’s still one of my favorite restaurants in town.
The green chili burger is fantastic
For those who know, yes he is and was. Been dead for 29 years and people still talk about him reverentially. Practiced here for 55 years and represented almost every major property at the time. Not counting his extensive business holdings (including those with Jim Rogers), Wiener was a master lawyer. Yeah he is still a legend in this town.
The UNLV Law library is named after him. (well, half, anyway). Legend!
Also the Phi Alpha Delta chapter at Boyd is named after him. There were multiple attempts to change the name recently, but I believe it’s still the Wiener chapter.
I was held hostage by him for a year at Beckley Singleton, until I escaped by the skin of my teeth.
Not by Weiner. Polsenberg?
I, too, have been held hostage by a wiener.