Women’s History Month
[vc_row content_placement=”middle”][vc_column offset=”vc_col-md-11 vc_col-xs-12″][vc_column_text]The theme of this year’s Women’s History Month “Valiant Women of the Vote: Refusing to Be Silenced,” is a continuation of last year’s theme, in recognition of the centennial celebration of women’s suffrage. Before the passage of the 19th Amendment, women had been fighting for the right to vote for almost 100 […]
Court Annexed Arbitration and Attorney Fees
By: Steven J. Mack, Esq. In the event you find yourself in a lawsuit less than $50,000.00, you will be forced to participate in the Court Annexed Arbitration program. In other words, you must arbitrate by a court appointed arbitrator prior to being able to have your matter heard before a judge. In the event […]
Supreme Court of Nevada Holds Nevada Implied Consent Law Unconstitutional – Sabrina M. Dolson, Esq.
On October 16, 2014, in Byars v. Nevada, 130 Nev. Adv. Op. 85 (Oct. 16, 2014), the Supreme Court of Nevada ruled that the state’s implied consent law is unconstitutional. Byars was pulled over for speeding, and was suspected of driving under the influence of a controlled substance. Byars admitted he smoked marijuana five hours […]
Nevada Controversy Stirs Constitutional Debate – Sabrina, M. Dolson, Esq.
Nevada has recently been the focus of a Constitutional debate resulting from the standoff between the Bureau of Land Management (BLM) and Cliven Bundy and his supporters. In the beginning of April 2014, the BLM and National Park Service (NPS) shut down an area to allow cowhands using vehicles and helicopters to round up 900 […]
Ninth Circuit Issues Decision Regarding First Amendment Battle – Sabrina M. Dolson, Esq.
Courthouse News Service (“CNS”) filed a lawsuit against Michael Planet, who is the clerk for Ventura Superior Court, challenging the Court’s policy regarding access to filed civil complaints. According to the policy, the Court can delay the press’s access to newly filed complaints until it enters the filings into a case management system. CNS argued […]
GPS and Your Fourth Amendment Rights – Sabrina M. Dolson, Esq.
The Supreme Court of Nevada recently issued a decision regarding whether it is a violation of the Fourth Amendment for law enforcement to locate a person for whom they have an arrest warrant by retrieving that person’s Global Positioning System (GPS) coordinates from his cell phone. Meisler v. State, 130 Nev. Adv. Op. 30 (Apr. […]
FOURTH CIRCUIT REJECTS REQUIREMENT OF WRITTEN DISPUTES UNDER THE FDCPA
On January 31, 2014, the U.S. Court of Appeals for the Fourth Circuit held that an oral dispute of an alleged consumer debt is sufficient under Section 1692g(a)(3) of the Fair Debt Collection Practices Act (“FDCPA”). See, Clark v. Absolute Collection Serv., Inc., No. 13-1151, 2014 WL 34943 (4th Cir. Jan. 31, 2014). […]
Ninth Circuit Rules on Constitutionality of Actions Under the Fair Credit Reporting Act
On February 4, 2014, the Ninth Circuit Court of Appeals ruled that claims under the Fair Credit Reporting Act (“FCRA”) confer Article III standing regardless of any actual harm resulting from the defendant’s violation(s). See, Robins v. Spokeo, Inc, 11-56843, 2014 WL 407366 (9th Cir. Feb. 4, 2014). “Article III standing” refers to the constitutional requirement […]