Governor Sisolak discussed his plan for moving forward yesterday—with most businesses open again by the middle of May. [Las Vegas Sun; TNI; RJ]
There’s not much on what will happen with the courts, but check out some of the issues California is facing. [CNS]
Judge Miranda Du rejected an attempt to block the all-mail primary election. [TNI]
For those of you interested in water rights, a Eureka County District Court judge ruled that a state-backed groundwater market violated the first in time, first in right rule. [TNI]
A state panel rejected proposals to consider reducing inmate population. [Nevada Current]
What else is going on out there as we start off May 2020?
Love the Biden interview on Morning Joe this morning. Talk about digging a deeper hole for himself. Clearly he forgot the talking points his team gave to him. The disparity in media treatment of Biden vs. Kavanaugh is appalling.
Biden shouldn't have taken so long to do what he did today but he didn't do anything to hurt himself because there's nothing to see here (Just like the Cavanaugh story).
Reade is not credible at all. She's a Bernie Sanders supporter. After Biden resurrected his campaign on Super Tuesday and became the Democratic frontrunner ahead of Sanders, Reade finally decides to tell the world her story 27 years after the alleged incident occurred obviously hoping to derail Biden's campaign. She also waited 27 years to file a police report. She's given conflicting reasons for why she left her employment with Biden's office. (Initially she said she refused to serve drinks at an office function. Later she said it was after she tried to report the alleged assault). No Biden staffers recall Reade making any accusations against Biden. What her mom allegedly said on Larry King sounded more like a disgruntled employee situation. If Biden really assaulted Reade, the last thing she'd care about is preserving Biden's reputation as her mom stated. Telling a few of her friends about the alleged assault a year or two or more later is not contemporaneous reporting and doesn't add anything to her claim. Reade also has a strange sexual infatuation with Vladimir Putin as evidenced by public comments she made on the internet couple of years ago.
I agree with 10:25. The ONLY thing hampering Biden is not his history with Tara Reade; I believe him that there is no smoke here. He is hampered by all of the santicmonious pontificating when the Kavanaugh case went through because of what might be called the equivalent of "judicial estoppel": many are tied to words and positions that will be intractably haunting. Everyone who got on their high horse and said "Believe women no matter what" are now faced with the Hobson's Choice of saying only believe certain women.
Biden did a good job of running that gauntlet: yes women deserve the benefit of the doubt and burden of proof shifts but can be overcome by showing that the story is not true. The question that was not asked but is going to be asked is: "You have the burden of proof so where is your evidence that it did not happen" (the classic how do you prove a negative). I do not envy him because I believe he has a conscience. This is where Trump has the advantage– he is all temper and no conscience.
Also, Reade wrote on Medium about her experience with Biden in 2019 on Medium.com. In that article, she says "this is not a story about sexual misconduct." The same day she brought the assault claims, she went back and modified that post to read "this is not only a story about sexual misconduct" and made several other changes to that year-old post.
10:25 says Reade isn't credible at all, but I bet 10:25 was all about believing Dr. Ford who couldn't remember the day, time, how she got home, who she was with, no evidence at all except that deep down embedded in her hippocampus was the sound of laughter. 10:25 is a "Believe all women except when it's a Democrat". The Me Too movement is officially dead. I will no longer believe any woman who comes forward with any allegations as a result of this because it is clear that Me Too is a leftist political movement only.
Biden is a corrupt creep, just like his ho-bag son. The lying media is covering up for him, literally deleting supporting information off the web to cover up for him. The entire DNC establishment lost all credibility with the Christy Ballsy Fraud spectacle. Senile old man is the best those corrupt charlatans could come up with? That says it all.
11:28 here,
I don't know anything about her memory. But someone who alters her prior writings to make her current allegations more plausible is sketchy as hell.
@2:23, 10:25 here. You just lost that bet sport. I didn't believe not a real doctor Ford either and was appalled by what they did to Cavanaugh and his family. You are a partisan hack who sees everything along party lines injecting your political bullshit into every discussion.
Biden is creepy and it looks like he is in early stages of alzheimers. I can't vote for the guy. However, there are some holes in Reade's story that need to be filled. Biden should allow the Delaware records to be examined to see if Reade's records are there as it looks like Biden is hiding something there.
Trump is no better and I'd love to see what his relationship is with Epstein and if Trump was involved with underage girls. However, that implicates the Clintons and too many other powerful people.
Too bad there isn't a viable third party or fourth party.
Guest
Anonymous
May 1, 2020 4:56 pm
Sisolak discussed his plan? What plan? We're still in "Phase Zero". Opening up the golf courses, and whatever pickle ball is doesn't sound like a huge step to reopening the city. The businesses that can open now only have the option to do curbside. How does that work for most businesses? A comic shop can't do curbside. Hallmark stores can't do curbside. This is getting ridiculous. We need to reopen now or there won't be anything to reopen.
Sisolak is a joke. He won't take a position unless California does it first.
Guest
Anonymous
May 1, 2020 6:00 pm
Could use some anonymous advice from the peanut gallery. Maybe someone has already dealt with this type of situation?
In a PI case, plaintiff has been recommended for surgery in the next few months. Defendant wants a Rule 35 exam first, which would normally be non-controversial. Current AO says no Rule 35 exams without "an extreme emergency" — it doesn't even say that the parties can agree to have one. Can plaintiff proceed with surgery or does he/she have to wait?
Def attorneys used to argue that plaintiffs couldn't get surgery at all because their bodies were evidence and they had a duty to preserve the evidence. Sounds like a version of that argument and they're just trying to take advantage of the COVID outbreak. Plaintiff has a duty to mitigate damages. If delaying surgery increases pain and suffering or has a negative impact on plaintiff's health, plaintiff has a duty to mitigate those damages. File a motion for declaratory relief and submit a proposed order with it.
Do personal injury plaintiffs have a duty to mitigate damages? I don't do any PI work so I wouldn't know, but I have only come across this WRT contract claims.
Assuming nothing has changed in the last few years. Low six figures.
Guest
Anonymous
May 1, 2020 8:52 pm
When the courts are open again, how long will the elevator line be when only 1-2 people will be allowed in at a time? I'm assuming social distancing recommendations will continue for a long while.
Practice question: Admin Order 20-09 says Offers of Judgment are extended to 10 days after the end of the Order. I read AO 20-13 as extended "all 30 day deadlines" to whenever the Order expires or is terminated. The Offer of Judgment extension is not a "30 day deadline." Was it not renewed or was it renewed until AO 20-13 expires? These orders are not models of clarity or consistency.
AO 20-09 says the time to response to an OJ is suspended until AO 20-09 is lifted. AO 20-13 says AO 20-09 will remain in effect AO 20-13 expires. AO 20-13 expires 30 days after the Emergency Directive expires. That currently expires May 15. 30 days after May 15 is Sunday, June 14. So going back to AO 20-09, OJs are due ten days after 20-09 expires, so that would be June 24.
Admin Order 20-15 took 1/2 of the juvenile delinquency case load from Voy and gave him 1/2 abuse and neglect case load. Question is, will he actually look at the cases before getting on the bench or make everybody wait why he reviews them when he is already on the bench? It has taken the Chief long enough to get some new blood and ideas in the delinquency world.
As early predicted there were changes coming, and they did!
Love the Biden interview on Morning Joe this morning. Talk about digging a deeper hole for himself. Clearly he forgot the talking points his team gave to him. The disparity in media treatment of Biden vs. Kavanaugh is appalling.
Biden shouldn't have taken so long to do what he did today but he didn't do anything to hurt himself because there's nothing to see here (Just like the Cavanaugh story).
Reade is not credible at all. She's a Bernie Sanders supporter. After Biden resurrected his campaign on Super Tuesday and became the Democratic frontrunner ahead of Sanders, Reade finally decides to tell the world her story 27 years after the alleged incident occurred obviously hoping to derail Biden's campaign. She also waited 27 years to file a police report. She's given conflicting reasons for why she left her employment with Biden's office. (Initially she said she refused to serve drinks at an office function. Later she said it was after she tried to report the alleged assault). No Biden staffers recall Reade making any accusations against Biden. What her mom allegedly said on Larry King sounded more like a disgruntled employee situation. If Biden really assaulted Reade, the last thing she'd care about is preserving Biden's reputation as her mom stated. Telling a few of her friends about the alleged assault a year or two or more later is not contemporaneous reporting and doesn't add anything to her claim. Reade also has a strange sexual infatuation with Vladimir Putin as evidenced by public comments she made on the internet couple of years ago.
I agree with 10:25. The ONLY thing hampering Biden is not his history with Tara Reade; I believe him that there is no smoke here. He is hampered by all of the santicmonious pontificating when the Kavanaugh case went through because of what might be called the equivalent of "judicial estoppel": many are tied to words and positions that will be intractably haunting. Everyone who got on their high horse and said "Believe women no matter what" are now faced with the Hobson's Choice of saying only believe certain women.
Biden did a good job of running that gauntlet: yes women deserve the benefit of the doubt and burden of proof shifts but can be overcome by showing that the story is not true. The question that was not asked but is going to be asked is: "You have the burden of proof so where is your evidence that it did not happen" (the classic how do you prove a negative). I do not envy him because I believe he has a conscience. This is where Trump has the advantage– he is all temper and no conscience.
I'll believe Joe Biden when he presents a calendar proving he was lifting weights with Squee and couldn't have raped anyone.
The Emperor has no brain.
Y'all really gonna go with the guy with dementia?
Shame on his family for putting him through this. I think a compelling elder abuse case could be made against them.
The funniest part about 11:00's tweet is that I legitimately cannot tell which candidate he's talking about!
Also, Reade wrote on Medium about her experience with Biden in 2019 on Medium.com. In that article, she says "this is not a story about sexual misconduct." The same day she brought the assault claims, she went back and modified that post to read "this is not only a story about sexual misconduct" and made several other changes to that year-old post.
https://romansresearch.wordpress.com/2020/04/29/tara-reades-updated-medium-post-all-material-edits/
I'll take a ham sandwich over Trumpster Fire. Does anyone know the definition of kakistocracy? At least we won't have that with Joe.
The greatest thing to come out of the Biden allegations is that the me too movement has been exposed as the political hack job it always was.
10:25 says Reade isn't credible at all, but I bet 10:25 was all about believing Dr. Ford who couldn't remember the day, time, how she got home, who she was with, no evidence at all except that deep down embedded in her hippocampus was the sound of laughter. 10:25 is a "Believe all women except when it's a Democrat". The Me Too movement is officially dead. I will no longer believe any woman who comes forward with any allegations as a result of this because it is clear that Me Too is a leftist political movement only.
Biden is a corrupt creep, just like his ho-bag son. The lying media is covering up for him, literally deleting supporting information off the web to cover up for him. The entire DNC establishment lost all credibility with the Christy Ballsy Fraud spectacle. Senile old man is the best those corrupt charlatans could come up with? That says it all.
2:26 was so proud of "Christy Ballsy Fraud."
Very catchy.
11:28 here,
I don't know anything about her memory. But someone who alters her prior writings to make her current allegations more plausible is sketchy as hell.
@2:23, 10:25 here. You just lost that bet sport. I didn't believe not a real doctor Ford either and was appalled by what they did to Cavanaugh and his family. You are a partisan hack who sees everything along party lines injecting your political bullshit into every discussion.
Biden is creepy and it looks like he is in early stages of alzheimers. I can't vote for the guy. However, there are some holes in Reade's story that need to be filled. Biden should allow the Delaware records to be examined to see if Reade's records are there as it looks like Biden is hiding something there.
Trump is no better and I'd love to see what his relationship is with Epstein and if Trump was involved with underage girls. However, that implicates the Clintons and too many other powerful people.
Too bad there isn't a viable third party or fourth party.
Sisolak discussed his plan? What plan? We're still in "Phase Zero". Opening up the golf courses, and whatever pickle ball is doesn't sound like a huge step to reopening the city. The businesses that can open now only have the option to do curbside. How does that work for most businesses? A comic shop can't do curbside. Hallmark stores can't do curbside. This is getting ridiculous. We need to reopen now or there won't be anything to reopen.
Pickleball is fun, you should try it sometime when things are back to normal.
Sisolak is a joke. He won't take a position unless California does it first.
Could use some anonymous advice from the peanut gallery. Maybe someone has already dealt with this type of situation?
In a PI case, plaintiff has been recommended for surgery in the next few months. Defendant wants a Rule 35 exam first, which would normally be non-controversial. Current AO says no Rule 35 exams without "an extreme emergency" — it doesn't even say that the parties can agree to have one. Can plaintiff proceed with surgery or does he/she have to wait?
Def attorneys used to argue that plaintiffs couldn't get surgery at all because their bodies were evidence and they had a duty to preserve the evidence. Sounds like a version of that argument and they're just trying to take advantage of the COVID outbreak. Plaintiff has a duty to mitigate damages. If delaying surgery increases pain and suffering or has a negative impact on plaintiff's health, plaintiff has a duty to mitigate those damages. File a motion for declaratory relief and submit a proposed order with it.
Do personal injury plaintiffs have a duty to mitigate damages? I don't do any PI work so I wouldn't know, but I have only come across this WRT contract claims.
If they want a dme before surgery you need to allow it. Prepare a stipulation with counsel for discovery commissioner.
FYI-you should join the NJA as you could get advice there.
Does anyone know the approximate salary on the assistant bar counsel posting?
Assuming nothing has changed in the last few years. Low six figures.
When the courts are open again, how long will the elevator line be when only 1-2 people will be allowed in at a time? I'm assuming social distancing recommendations will continue for a long while.
Wow. Good point. As long as distancing is a thing it will be pretty much impossible to physically access our courtrooms. #designflaw
Excellent question.
Practice question: Admin Order 20-09 says Offers of Judgment are extended to 10 days after the end of the Order. I read AO 20-13 as extended "all 30 day deadlines" to whenever the Order expires or is terminated. The Offer of Judgment extension is not a "30 day deadline." Was it not renewed or was it renewed until AO 20-13 expires? These orders are not models of clarity or consistency.
TLDR: Do we know when Offers of Judgment expire?
AO 20-09 says the time to response to an OJ is suspended until AO 20-09 is lifted. AO 20-13 says AO 20-09 will remain in effect AO 20-13 expires. AO 20-13 expires 30 days after the Emergency Directive expires. That currently expires May 15. 30 days after May 15 is Sunday, June 14. So going back to AO 20-09, OJs are due ten days after 20-09 expires, so that would be June 24.
Key is that AO 20-13 does not just extend the 30 day deadlines. It also extends all prior AOs
Thank you.
Admin Order 20-15 took 1/2 of the juvenile delinquency case load from Voy and gave him 1/2 abuse and neglect case load. Question is, will he actually look at the cases before getting on the bench or make everybody wait why he reviews them when he is already on the bench? It has taken the Chief long enough to get some new blood and ideas in the delinquency world.
As early predicted there were changes coming, and they did!
Bet the hearing masters are going to be happy.
Does any order address the 5-year rule?
AO 20-13 paragraph 22. It is tolled til 30 days after AO 20-13 expires. So the tolled period ends 30 days after June 14, which is July 14