News & Analysis as of

NV Supreme Court Nevada

Allen Matkins

Nevada Supreme Court Follows Delaware In Overruling Gentile v. Rosette

Allen Matkins on

The line between a direct and derivative action is often indistinct and hence the object of controversy. In 2017, the Nevada Supreme Court held that a class action lawsuit should be dismissed for failure to plead a...more

Holland & Hart LLP

The Appeal of Nevada: Why Corporations are Heading West

Holland & Hart LLP on

More and more corporations are moving to Nevada. Is this because of the lack of corporate or franchise taxes associated with incorporating in the state or the lack of state income tax? Likely not (Nevada does not collect...more

Allen Matkins

Nevada Supreme Court Clarifies Alter Ego Liability Of LLC Members

Allen Matkins on

Laura Graham was injured when she tripped over a sprinkler box located on property owned by a single member limited liability company.  She sued the LLC and asserted that its member was the alter ego of the LLC and the case...more

Allen Matkins

Does The State Make Or Beget Corporations?

Allen Matkins on

To non-lawyers, a "person" is usually understood to refer to a human being.  At law, entities such as corporations and limited liability persons are often endowed with personhood.  See, e.g., Cal. Corp. Code § 18 ("'Person'...more

Allen Matkins

Nevada Supreme Court Finds CEO's Statements To Shareholders, Directors And Officers May Be Protected Activity

Allen Matkins on

Nevada, like California, has enacted an anti-SLAPP law that is intended to protect citizens' First Amendment rights to petition the government for redress of grievances and to free speech by limiting the chilling effect of...more

Allen Matkins

Can A Nonsignatory Can Another Nonsignatory To Arbitrate?

Allen Matkins on

Disputes over whether arbitration may be compelled generally fall into four categories.  First, a signatory to an arbitration agreement may seek to compel another signatory to arbitrate.  Second, a signatory may seek to...more

Allen Matkins

Nevada Supreme Court Defines Blue Penciling Obligation Of Courts

Allen Matkins on

In 2016, I wrote about the Nevada Supreme Court's refusal to "blue pencil" non-compete agreements so as to make theme enforceable.  Golden Road Motor Inn, Inc. v. Islam, 132 Nev. 476, 488, 376 P.3d 151, 159 (2016).  The...more

Carlton Fields

Nevada Supreme Court Reverses Order Denying Motion to Compel Arbitration

Carlton Fields on

The Nevada Supreme Court recently reversed the denial of a motion to compel arbitration, explaining that the plaintiff’s arguments that the contract at issue was illegal were not a valid basis to deny arbitration because...more

Allen Matkins

Nevada Supreme Court Holds That Temporary Closing During Pandemic Did Not Violation Of This "Ordinary Course" Covenant

Allen Matkins on

Merger and acquisition agreements almost invariably include a promise by the seller to continue to operate the business in the "ordinary course".    This promise is typically included to provide assurance to the buyer that...more

Allen Matkins

With Series LLC, Whom You Sue May Be Decisive

Allen Matkins on

Last week the Nevada Supreme Court answered the following question that was certified to it by the Ninth Circuit Court of Appeals...more

Allen Matkins

Nevada Supreme Court Holds Conversion Vests Converting Corporation's Nevada Business License In Converted LLC

Allen Matkins on

NRS 107.028 lists a number of different categories of persons who may serve as trustee under a deed of trust.  One category is domestic or foreign entity which holds a current state business license issued by the Secretary of...more

Bradley Arant Boult Cummings LLP

Nevada Supreme Court holds that pay-if-paid provisions require a case-by-case analysis to determine their enforceability

A “pay-if-paid” provision typically makes payment by an owner to a general contractor a condition precedent to the general contractor’s obligation to pay a subcontractor for work the subcontractor has performed....more

Allen Matkins

Nevada Supreme Court Affirms Contemporaneous Ownership Requirement In LLC Derivative Action

Allen Matkins on

In a short order of affirmance issued last week, the Nevada Supreme Court affirmed a basic requirement of derivative litigation. J. McDonald Co. v. Tropical & Losee, LLC, 2022 WL 6833521 (Nev. Oct. 11, 2022).  The case...more

Holland & Hart LLP

Could Recreational Marijuana Use Jeopardize a Nevada Employee's Job?

Holland & Hart LLP on

Recreational marijuana use is legal under Nevada state law. But could recreational marijuana use jeopardize an employee’s employment? Nevada voters voted to legalize recreational marijuana use effective January 1, 2017. The...more

Littler

Four Wage and Hour Takeaways for Employers Following Recent Nevada Supreme Court Decision

Littler on

In a victory for employers in wage and hour class actions, on August 11, 2022, the Nevada Supreme Court affirmed the grant of summary judgment in favor of HG Staffing, LLC and MEI-GSR Holdings, LLC, d/b/a Grand Sierra...more

Allen Matkins

Nevada Supreme Court Holds Initiative To Be Unus Et Idem

Allen Matkins on

A dozen years ago, I wrote about California's single subject rule governing legislation - "A statute shall embrace but one subject, which shall be expressed in its title".  Cal. Const. Art. IV, § 9.  A similar rule applies to...more

White and Williams LLP

Nevada’s Common Law Meaning of the Term “Substantial Completion” in the Statute of Repose

White and Williams LLP on

Statutes of repose establish a legislature’s determination of when defendants should be free from liability. As set forth in Nevada Revised Statute (NRS) 11.202, the statute of repose for construction improvements in Nevada...more

Allen Matkins

Where The "Unspiked Rail" Bested A Future Supreme Court Justice

Allen Matkins on

 George Springmeyer had a storied legal career during the early years of the twentieth century as the District Attorney for Esmeralda County, Nevada and then the U.S. Attorney for the District of Nevada.  His service as...more

Snell & Wilmer

Nevada Supreme Court Finds That Pay-If-Paid Provisions in Construction Contracts Are Not Per Se Unenforceable Under Prompt Payment...

Snell & Wilmer on

In October, the Nevada Supreme Court revisited the enforceability of pay-if-paid clauses in construction contracts. Despite being enacted nearly two decades ago and being amended several times since, the Nevada Prompt Payment...more

Allen Matkins

Nevada Supreme Court Finds California Precedent "Persuasive" In Appeal Of Derivative Action

Allen Matkins on

What, if any, is the standing of a corporation in a derivative action?  Until this month, that question was yet to be addressed by the Nevada Supreme Court.  We now have an answer....more

20 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide