Bill H.R. 3808 lets banks use notary as defense against litigation

Congress recently passed Bill H.R. 3808, the Interstate Recognition of Notarizations Act of 2010 which says anything a notary signs is true, is usable (like a driver’s license) in any state, and cannot be challenged.    The banking industries may use this as an answer to litigation.   However, the bill is now open for public comments […]

House Democrats Ask Fannie Mae to Suspend Lawsuits Against Underwater Borrowers

In a letter addressed to Treasury Secretary Timothy Geithner, several house Democrats requested that Fannie Mae suspend its new policy to bring deficiency judgment lawsuits against underwater homeowners who “strategically default” on their mortgages. The House Democrats state they are concerned about Fannie Mae’s new policy because it is “unclear why Fannie Mae is proposing […]

Changes to Law Enables More Renewable Energy Investments

Nevada Assembly Bill 186, effective October 1, 2009, is expected to make financing the installation of renewable energy systems throughout the state easier for third parties.  AB 186 clarifies the definition of “third-party ownership” allowing third-party providers to install, own, and operate a renewable energy system, such as solar, on a home or facility and […]

John v. Douglas County School District

On November 25, 2009, the Nevada Supreme Court addressed an appeal on a lawsuit which was dismissed under Nevada’s anti-SLAPP statute.  Nevada adopted a statute similar to several other states, which protects against a meritless suit filed primarily to chill the defendant’s exercise of First Amendment Rights, such as when a citizen makes a report […]

Fierle v. Perez – Nevada Advanced Opinion

In the medical malpractice arena, the Nevada Supreme Court has confirmed the Legislature’s speed bump to consumers trying to recover damages from Nevada doctors or dentists for injuries caused by their professional negligence.  Since this is the first time the Court has looked at the new legislation passed to keep doctors from fleeing Nevada, it […]

Valley Hospital v. Garner

NC-DSH, Inc. d/b/a/ Valley Hospital v. Garner 125 Nevada Advanced Opinion Number 50 On October 29, 2009, the Nevada Supreme Court unanimously made a ruling in the above-referenced action involving clients whose claim was stolen by their own attorney.  The attorney forged their signatures to settlement agreements (along with forged notary acknowledgements) on a medical […]

Dobran v. Bunch

Dobran v. Bunch, 125 Nevada Advance Opinion Number 36 On September 10, 2009, the Nevada Supreme Court adopted the Restatement (Third) of Suretyship and Guaranty section 14 (1966) on interpretation of guaranty agreements, at the same time as it abandoned the prior Nevada distinction between a guarantor who was compensated and one who is not, […]

Webb v. Clark County School District

Webb V. Clark County School District 125 Nevada Advanced Opinion Number 47 On October 8, 2009, the Nevada Supreme Court made a ruling in the above-referenced action, which clarifies the law in some areas.  This case arose out of a confrontation between a teacher and a student, with the student seeking damages. First, the Court […]