Constitutional Muster

• According to the Supreme Court of Nevada opinion granting a writ of mandamus, Judge Scotti's prior restraint of the RJ and AP did not pass "constitutional muster." [RJ]
• Last week the Supreme Court issued an unpublished decision in Aliante Master Association v. Prem Deferred Trust, reversing a decision by Judge Mark Denton that had awarded almost $1 million against the association. It also addresses the issue of class certification and amounts to a big win for HOAs and their collection agents. 
• Another decision making the rounds comes from Judge Lloyd George in Bridge v. Credit One Financial  in which he ruled that a class action could not be certified in a TCPA case involving “capture” of a son’s cell phone number when he logged into his mother’s Credit One account without her permission.

Due To The Media

• Without a lawyer, asylum seekers struggle with confusing legal processes. [KNPR]
• The Supreme Court turned down President Trump's appeal in Dreamers case. [NYTimes]
• The stadium agreement is likely to be approved "in form" this week. [Las Vegas Sun]
• The North Las Vegas city manager saga takes a new twist with the FBI. [RJ]
• Here's an update on the Lamplight Village HOA--the meeting last night was officially cancelled, but some people still met with attorneys. Anyone know who presented? [Fox5Vegas]

Implementing The Law

• The parties are now waiting for Judge Joe Hardy to issue a ruling on the State's failure to implement the background checks voted for in Ballot Question 1. [TNI; RJ]
• The AG's office has a differing opinion from Judge Elissa Cadish on whether the Clark County Commissioners can remove uncertified North Las Vegas constable. [RJ]
• How is North Las Vegas fairing with just one muni court judge? [RJ]

Open Meeting Season

• Lieutenant Governor Hutchison's law firm sent letters to two Las Vegas city councilmen charging that they are biased against the developer of the Badlands golf course and should recuse themselves. [RJ]
• Here's an article on Al Lasso and Sean Claggett's $20 million verdict against an HOA. [Fox5Vegas]
• Marijuana amnesty boxes have been set up at the airport. [KTNV]
• No decision (yet) on a CCSD gender diverse policy because of open meeting concerns. [TNI]
• The Boulder City council violated open meeting law in selecting a city attorney. [BCR]

Very Best Liability Case

• A Las Vegas resident may have been first in the state to be arrested for charges related to bitcoin money laundering. [RJ]
• How bitcoin is changing the Las Vegas economy. [Fox5Vegas]
• Combating underage sex trafficking in Las Vegas. [Las Vegas Sun]
• Judge Mark Bailus denied a motion to dismiss an employee's wrongful termination suit for marijuana use. [TNI]
• North Las Vegas is using Eglet to sue opioid companies in the "very best liability case" he has ever seen against the industry. [TNI]

Haircuts and Beer

• The Vegas Golden Knights want to try and settle with the US Army over the Golden Knights trademark. [RJ]
• AG candidate Dr. Aaron Ford helped pass a bill last year that could benefit his employer Eglet Prince. [TNI]
• Clark County is considering letting you get a beer with your haircut. [Las Vegas Sun]
• Fearing deportation, immigrant communities in Las Vegas are afraid to report crime. [KTNV]

Presidents Day 2018

Most of you aren't working today, right? For those of you are, here's a link to the Nevada Independent's analysis on why Lieutenant Governor Mark Hutchison can argue in court on recalls regarding state senators. Nor surprisingly, the article only mentions state ethical rules and nothing about the ethical duties of an attorney. What do you think? Did they miss anything? Any of you inclined to write an op-ed to tell them why they're wrong?

Be The Change

There are a lot of comments on this blog about what's wrong with the practice of law in Nevada. Whether it be the behavior of opposing counsel or the pointless CLE requirements or the annual boondoggle convention, a lot of you have ideas about how things should be done. Here's a question for you? Why don't you do anything about it? If all of us are in agreement that the CLE classes don't accomplish anything then why are we still doing them? Why do we allow the Board of Governors to keep setting a convention in far away locations that is only attended by 150 people--over half of which are being paid for by the bar or the courts? The list is long, but what needs to change first? What would be the easiest thing to change? Who among you will be the change?

Parkland

• A Metro officer with connections to April Parks was indicted yesterday. [KTNV]
• RIP Greg Marsh. [RJ]
• A judge rules that Taylor Swift lyrics were "too banal" to be copyrighted. [Vanity Fair]

Lonely Hearts

• New developments in the Elaine Wynn versus Steve Wynn case? [RJ]
• Here's an article with insight from Aviva Gordon on why #metoo may have repercussions for women in the workplace. [RJ]
• Judge Cadish denied a request to sanction the RJ for publishing the name of the man charged in connection with the October 1 shooting. [RJ]
• A convicted pimp was accidentally released from jail--the I-team discovered that he got a pretty sweet plea deal and no one from the DA's office will talk about it. [LasVegasNow]
• Are FLDS contractors using child labor to underbid and get the job? [LasVegasNow]

Sweethearts

• There is a civil bench-bar meeting today. [eighthjdcourt blog]
• Wynn is bringing in Gibson Dunn to investigate the allegations against Steve Wynn. [CNN Money]
• There are a lot of people who don't want to be annexed by the City of Las Vegas. [Las Vegas Sun]

Winter Olympics 2018

• Judge Richard Scotti made a controversial ruling about the RJ and October 1 autopsy reports. [Fox5Vegas; RJ]
• An opinion pieces suggests the Clark County DA's office would rather imprison innocent people than admit mistakes. [TNI]
• Should people be required to lock away their phones for school and concerts? [Las Vegas Sun;  RJ]
• Dan Carvalho represents the family of a man electrocuted by a downed power line in his backyard last fall. [LasVegasNow]
• Fontainebleau to become the Drew and open in 2020. [LasVegasNow]

Marijuana And You

The marijuana-themed February issue of Nevada Lawyer magazine contains an article written by Stan Hunterton, bar counsel, and Phil Pattee, assistant bar counsel called "New Marijuana Laws, Business, and Lawyers: Let's Be Careful Out There." If you haven't already, give it a read and then let us know what you think. Are there any issues you are concerned with that are not addressed by the article? Is their analysis right? Has your practice been affected by the legalization of marijuana?

Suggestive Discussion

• Robert Walsh was selected for appointment to a one-year term in Justice Court Department 1. [RJ]
• Recall efforts for two state senators were heard before Judge Jerry Wiese yesterday. [TNI]
• Judge Richard Scotti ordered release of Metro records regarding the October 1 shooting. [LasVegasNow]
• The City of North Las Vegas, after using the firm of Fisher Phillips to conduct an investigation, decided to terminate the former City Manager "with cause." [TNI]
• Robert Eglet is heading up a stockholder derivative suit against the Wynn board of directors. [PR Newswire]

Wynn Down

• Steve Wynn stepped down. [TNI]
• Judge Elizabeth Gonzalez is allowing claims against the Wynn board in the Okada case. [Bloomberg]
• You'll be able to vote at any polling location in Clark County this fall. [Las Vegas Sun]
• Any more thoughts on the ADKT process discussed in the comments yesterday?

Better Late Than Never

• The RJ just picked up on the fact that Abbi Silver is going to be a Supreme Court justice next year. [RJ]
• A disciplinary hearing is set for Judge Rena Hughes. [RJ]
• Meanwhile a ethics complaint was filed against a Washoe Family Court judge who made comments about a "woman's place." [RGJ]
• What else is going on out there today?

Groundhog Day 2018

• The three finalists for a 1-year appointment to the Justice Court bench in department 1 are:  Dayvid Figler, John Momot, and Robert Walsh. [RJ]
• The City of North Las Vegas may terminate the City Manager who stepped down last month. [TNI]
• Med mal sweeps hearings on Monday. [eighthjdcourt blog]
• A local drone pilot violated FAA regulations. Is this going to be a new practice area? [LasVegasNow]
• Paul Padda's Sue My Boss billboards are getting attention. [WXYZ]
• Here's an article about how the Strava app revealed locations of military bases. Is tech like this going to have an impact on legal offices? [Scientific American]

Judge Mahan Taking Senior Status

From a press release we received from the court yesterday:

The United States District Court for the District of Nevada announces that District Judge James Mahan will be taking senior status June 29, 2018. Upon taking senior status, Judge Mahan will maintain his current caseload and will continue to receive new case assignments; however, senior judges are authorized to request a lower caseload. Judge Mahan was nominated by Senator John Ensign, appointed by President George W. Bush and formally took the oath of office on February 1, 2002. The Court extends its thanks to Judge Mahan for his excellent service to the federal judiciary and the community. The President of the United States determines who will fill the vacant seat. The District of Nevada currently has one other vacant seat created in February 2016.