Can A Nonsignatory Compel Another Nonsignatory To Arbitrate?

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 compel a nonsignatory to...

Nevada Supreme Court Defines Blue Penciling Obligation Of Courts

In 2016, I wrote about the Nevada Supreme Court's refusal to "blue pencil" non-compete agreements so as to make them enforceable.  Golden Road Motor Inn, Inc. v. Islam, 132 Nev. 476, 488, 376 P.3d 151, 159 (2016).  The Nevada legislature was not in...

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

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 State pursuant to...

A Cold Day In Caliente . . .

I have no legal news today as I spent the weekend in Caliente, Nevada where I was running in a trail race in Kershaw-Ryan State Park.  The City of Caliente is the only incorporated city in Lincoln County. It was founded as a railroad town over 100...

Who Qualifies As An Expert Witness?

Not just anyone is qualified to testify as an expert witness.  Edward Teller quoted Niels Bohr as describing an expert as "a person who has found out by his own painful experience all the mistakes that one can make in a very narrow field". * The...

Supreme Court's Decision In Famous Hale & Norcross Mining Case

Having read Professor Stephen Bainbridge's post about the origins of the judicial doctrine that directors must act on an informed basis, I passed along a reference to the California Supreme Court's in Fox v. Hale & Norcross Silver Mining Co., 108...

On This Date, Death Rode With The Posse To Fish Creek

Eureka, Nevada was once known as the "Pittsburgh of the West". Today it describes itself as the "Friendliest Town on the Loneliest Road in America". Eureka never had any steel mills, but it was often shrouded in smoke . The smoke came not from...

California's Weed Is Nevada's Flower

Anyone who has visited the "vast expanse of nothingness" north of Clark County, Nevada has likely crossed what cowboy singer Richard Elloyan calls the "Artemisian seas". The reference isn't to bodies of water, but vast expanses of Big Sagebrush,...

Pioche Justice And Fraud, Waste & Abuse

Last week, I mentioned my recent visit to Pioche, Nevada. Founded in the late 1800s, the town's early years were marked by an extraordinary level of violence. Although unincorporated, the town remains the county seat of Lincoln County. As the county...

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