The Right Stuff

  • Law

  • The 9th Circuit is set to hear argument today on the COVID-19 restrictions for churches. [RJ
  • The Trump campaign is appealing to the Supreme Court of Nevada to overturn election results. [TNI]
  • Here’s an update on eviction proceeding numbers in Las Vegas Justice Court. [News3LV]
  • The nation’s attorneys general reached a $86 million settlement with Nationstar, the 4th largest mortgage servicer. [KTNV]
  • Nevada home prices set price record for a sixth straight month. [Fox5Vegas]
  • UNLV quarterback apologizes for eating sushi off a nude model. [ESPN]
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Anonymous
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Anonymous
December 8, 2020 7:08 pm

Trump campaign: We don't understand how Trump lost Nevada. It's not like he colluded with Russia, or was impeached for extorting Ukraine, or has dozens of sexual assault claims, or is an unindicted co-conspirator with convicted felon Michael Cohen, or assassinated a foreign general, or refused to sanction Russia for election interference and putting bounties on American soldiers, or gave unfunded tax cuts to the ultra-wealthy at the expense of the working class, or consistently bashed the American military, or lied to the public about COVID since December 2019, or attacked minorities, or mocked the disabled, or praised our national enemies while bashing our allies, or took over 290 golf trips in less than four years, or stole taxpayer money to pay himself when vacationing at his own properties, or lied on over 20,000 documented instances about varied topics, or consorted with numerous child sex traffickers, or used unidentified federal agents to kidnap protesters in Portland, or consistently attacked over half of American citizens for being "radical leftists," or obstructed justice into the Russia investigation, or stole money from a children's cancer charity, or took $400 million in unlawful tax-free gifts from his father, or committed tax fraud, nothing like that.

Clearly he should've won by a landslide and any other result is prima facie evidence of fraud. I'm sure the Supreme Court will give him an apology and a big ol' hug after this is all over.

Anonymous
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Anonymous
December 8, 2020 7:40 pm
Reply to  Anonymous

Trump's loser mentality is being adopted by the right. Reminds me of the Charlie Zelenoffs and Jeremy Dewittes of the world.

Anonymous
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Anonymous
December 8, 2020 9:22 pm
Reply to  Anonymous

Ha ha ha, ho ho ho, Trump is a "loser." Zing!

11:08 reminds me why the mainstream media should be held accountable for TDS. Poor 11:08 is most likely beyond rehabilitation and will go to her grave completely unaware of it. Papa Stalin will greet you on the other side. Say hi to McCain for me, too.

Anonymous
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Anonymous
December 8, 2020 9:31 pm
Reply to  Anonymous

@1:22 PM, interesting how you called 11:08 a "her," especially given the rest of your commentary. Easier to hurl insults at a woman?

Also, like it or not, Trump's not going to be President on 1/21/21. Despite your anger at the majority of America and the rest of the world, we're still going to keep fighting for your rights as well as everyone else's. Because we're Americans, and we don't define ourselves by our hatred.

Anonymous
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Anonymous
December 8, 2020 9:38 pm
Reply to  Anonymous

Trump loses Iowa caucus, claims massive voter fraud, never proves it. Loser mentality. Trump loses 2016 popular vote. Claims massive voter fraud. Never proves it. Loser mentality. Trump loses 2020 popular vote and election. Claims massive voter fraud. Cannot prove it. Loser mentality fully adopted by the right.

Anonymous
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Anonymous
December 8, 2020 9:42 pm
Reply to  Anonymous

I'm still waiting for my Biden flag to arrive so that I can attach it to my truck and drive around of the next four years like a trumpette. Hunter Biden 2028!

Josey Wales
Guest
Josey Wales
December 9, 2020 3:39 pm
Reply to  Anonymous

If you like your nightly shootings on the strip, you're going to love the running gun battles the next four years.

Peaceful separation is the only answer.

Anonymous
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Anonymous
December 8, 2020 7:11 pm

RIP Brig. Gen. Chuck Yeager. He was the real Right Stuff.

Anonymous
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Anonymous
December 8, 2020 7:30 pm
Reply to  Anonymous

RIP. Felt like a little boy again thinking about him. I was tempted to join the Air Force because of him.

Anonymous
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Anonymous
December 8, 2020 7:11 pm

With 7 days until re-evaluation of "statewide pause, here's the latest Nevada Covid-19 update from the intrepid Megan Messerly of Nevada Independent:
Test positivity is up: 7-day avg is 41.7%, or 21.8% using test encounters
Hospitalizations are up: 1,784 (+17), a record
Cases are up: 2,630 new cases/day on avg (+111), a record

Anonymous
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Anonymous
December 8, 2020 10:10 pm
Reply to  Anonymous

Who. Da F. Cares.

WTF do these numbers even mean? Seems like either: 1. Shutdowns, lock downs, mask mandates and the rest do not work – or 2. People are fed up with loss of freedom and unconstitutionality of it all and are ignoring all of these "suggestions" – and the government is too impotent to stop it.

Either way – honker down if you are vulnerable, over 80 and have severe comorbidity, or don't if you have none of those things – and all will be fine. We will get over this flu soon enough and you will line up to get your vaccinations.

Be well.

Anonymous
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Anonymous
December 8, 2020 11:31 pm
Reply to  Anonymous

Woooo we've got a law blog epidemiologist here! Thank goodness I don't have to listen to the medical experts now. I can get my medical information from some guy who posts anonymously on a law blog in Vegas. Sweet! And I'm sure the 270K+ dead americans and their families all appreciate 2:10's opinions.

Anonymous
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Anonymous
December 9, 2020 12:51 am
Reply to  Anonymous

Hey 2:10 I had it. I have no co-morbities. I am 43 and go to the gym all of the time (in fact I am pretty sure got it at the gym) and had a clean bill of health. Your "[w]e will get over this flu soon enough" can go **** itself because this virus is no joke. If you have not gotten it yet to realize that it is no joke, good for you. But if you will not listen to the physicians listen to the people who have had it.

Anonymous
Guest
Anonymous
December 9, 2020 1:17 am
Reply to  Anonymous

I got it, too. Lost a week. Went back to work. Such is life. Lockdowns don't work. Complete nonsense. China Central Committee is laughing its collective butts off. "Ha, ha, stupid Americans shut down economy over bug that they can't even properly test for. Wait until the sequel, KungFlu 2. With our man Biden in White House, we win this easy!"

At least the residents of Florida and California can compare "infection rates" and morbidity rates and see for themselves who was full of crap.

Anonymous
Guest
Anonymous
December 9, 2020 4:19 am
Reply to  Anonymous

I had it too. Zero symptoms. But, I tested positive for the antibodies in a routine blood workup last week. so yeah…..flu. Its a bad one, but it is the secondary infections that are killing people. Like …..the flu.

Anonymous
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Anonymous
December 9, 2020 4:43 pm
Reply to  Anonymous

4:51 – oh man you showed him! You got the Rona, had no co-morbidities, and got over it. WOW!! So isn't that exactly what 2:10 was saying? That you are not in the vulnerable population and won't die from it? I bet you are back to going to the gym full time ain't ya?

Anonymous
Guest
Anonymous
December 9, 2020 5:12 pm
Reply to  Anonymous

8:43– Who said I "got over it"? I am not shedding virus any longer but there are longer term repercussions to the virus after one is no longer contagious that many people do not get over (and that I have not "gotten over"). So no, 2:10's point is largely invalid for many people, co-morbidities or no co-morbidities. You are correct. I am not going to die but is that truly how we judge viruses is solely fatal or non-fatal. (PS: No not back at the gym)

Anonymous
Guest
Anonymous
December 8, 2020 7:32 pm

He did win by a landslide, and the crooked Dems stole the election.

I do appreciate your paranoid view fed by a lying media. Just know the truth is out there, if you should ever care to find it. Pro tip: it won't be on NPR, NYT, CNN, MSNBC, Atlantic, Fox News, et al.

Peace be with you.

Anonymous
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Anonymous
December 8, 2020 7:55 pm
Reply to  Anonymous

You are truly delusional.

Anonymous
Guest
Anonymous
December 8, 2020 9:11 pm
Reply to  Anonymous

Yeah…completely bonkers. Get help. Pro tip: It won't be on OAN, trump's twitter feed, or laxalt's zipper.

Anonymous
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Anonymous
December 9, 2020 2:48 am
Reply to  Anonymous

It's probably on "Newsmax," which is the new "Fox News." Even Fox News now has a lot more truth/reality to it that the Newsmax idiots.

Anonymous
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Anonymous
December 9, 2020 4:19 am
Reply to  Anonymous

I enjoyed this video. TX might well save us all.

Anonymous
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Anonymous
December 9, 2020 4:23 am
Reply to  Anonymous
Anonymous
Guest
Anonymous
December 9, 2020 4:39 am
Reply to  Anonymous

I, for one, always get my constitutional law information from a guy sitting in his car.

Anonymous
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Anonymous
December 9, 2020 4:52 am
Reply to  Anonymous

Okay, that is a witty comment. 😉

Anonymous
Guest
Anonymous
December 8, 2020 8:19 pm

Anybody else on the Zoom bench-bar? Eric Dobberstein spoke about civility. I haven't noticed much of a change, but that doesn't mean my perception is reality. I don't think it has changed because of the pandemic. Almost all my opposing counsel are very reasonable and civil.

Anonymous
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Anonymous
December 8, 2020 8:21 pm
Reply to  Anonymous

C.J. Bell: All new judges will have a civil calendar.

Anonymous
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Anonymous
December 8, 2020 8:43 pm
Reply to  Anonymous

Civil as in civil cases, or civil as in civility?

Anonymous
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Anonymous
December 8, 2020 9:19 pm
Reply to  Anonymous

Eric Dobberstein speaking on civility is like Dan Polsenberg lecturing on humility.

Anonymous
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Anonymous
December 8, 2020 9:39 pm
Reply to  Anonymous

Anything else good out of that meeting? Also, I wish all my opposing counsel were civil.

Anonymous
Guest
Anonymous
December 8, 2020 9:44 pm
Reply to  Anonymous

1:19 wins the Blog Comment of the Day award.

Anonymous
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Anonymous
December 8, 2020 10:25 pm
Reply to  Anonymous

1:19–Funny.

That said, civility seems to be legitimate issue on the surface, but it's been discussed at legal seminars, and in legal publications, for over two decades now, and nothing ever changes.

A reason for that could be that the usual suspects, who are the civility offenders, will never change, but if we all know or learn who they are we discover how to better approach them and deal with them.

Another reason could be that there is nothing that really changed(and thus nothing that can be correct or reversed) which can be specifically blamed for causing this lack of civility. People tend to refer to some supposed past(usually referenced as being about 20 years ago) when opposing counsel was some straight-shooter dude in a cowboy hat who shook your hand and drawled "My word is my bond. We don't need no written down agreement."

Problem is, I have practiced over 35 years, and that character never existed. And people who have practiced 40, 45, or even 50 years, confirm that such character never existed.

They all confirm that civility does not vary dramatically from years ago, and that there will always be those few difficult attorneys. When they retire or die out, others take their place.

It may be true that recent law school grads can sometimes be unduly aggressive for their first few years of practice, but that dynamic has always been there.

Thus the problem can't be solved as it is not a problem that lends itself to being solved. There will always be a few jerks. When they are jerky enough, sanctions can be requested, or in more severe cases, State Bar complaints. But none of it seems to modify behavior.

Anonymous
Guest
Anonymous
December 8, 2020 11:21 pm
Reply to  Anonymous

Whoa, my opposing counsel all suck, but the attorneys at Olson Cannon. The assholes at Akerman are always available for a bribe or 5 osts in one case with 400 page filings.

Laughlin Constable Jordan Ross
Guest
Laughlin Constable Jordan Ross
December 9, 2020 12:19 am
Reply to  Anonymous

I wonder when the appeals contesting the Ugly Sweater Contest will be filed?

Anonymous
Guest
Anonymous
December 9, 2020 12:29 am
Reply to  Anonymous

2:25, I understand your post, but are you suggesting that it is a hopeless situation, and to do nothing? At least speaking about it at seminars, or writing about it in legal publications, could help a bit and remind people of the problem.

Or am I wrong, and is 2:25 right that it is pointless for the legal community to continue to pursue such issue?

Anonymous
Guest
Anonymous
December 9, 2020 1:22 am
Reply to  Anonymous

I doubt that a MCLE, seminar, or other writing will help to eliminate the problem because civility often comes down to the personality of the lawyer. If the person is a jerk outside of law, they are probably a jerk inside of it. And if nothing in their personal life convinced them to stop being a jerk, I doubt that boilerplate statements made at a box-checking MCLE will give them the epiphany they need for their heart to grow three sizes.

Anonymous
Guest
Anonymous
December 9, 2020 1:30 am
Reply to  Anonymous

5:22-agreed. That's why it is senseless to continue to have CLE and other presentations, which include this civility topic, or published articles in legal publications which bemoan the passing of civility.

As 2:25 points out, it is a myth that a couple decades ago everyone was a straight shooter and you did not need to confirm anything in writing, as an attorney's word was their bond, etc.

There will always be jerks, and we learn how to deal with them, how to document, and double document, all communications and agreements, etc.

Anonymous
Guest
Anonymous
December 9, 2020 4:43 am
Reply to  Anonymous

Nothing will change until judges actually issue sanctions for this stuff. If there are no repercussions there is no incentive to improve your behavior.

Anonymous
Guest
Anonymous
December 8, 2020 8:45 pm

The last time I consumed something off a professional it was not sushi. Think, Wolf of Wall Street.

Anonymous
Guest
Anonymous
December 8, 2020 9:12 pm
Reply to  Anonymous

Thank you for this contribution. Also, why does anyone care if this kid ate sushi off a consenting adult? Nothing burger with a side of raw fish.

Anonymous
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Anonymous
December 8, 2020 11:00 pm
Reply to  Anonymous

Video or it didn't happen. I miss holiday parties.

Anonymous
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Anonymous
December 8, 2020 11:03 pm
Reply to  Anonymous

Invite Alice.

Anonymous
Guest
Anonymous
December 8, 2020 9:45 pm

12:45, is that you Lamar Odom?