Law Office of Hayes & Welsh

Business litigation Archives

Recent Nevada Supreme Court Decision on Notices of Default

In Rose v. Treasure Island, Case No. 71941-COA, 135 Nev. , Adv. Op. 19 (June 6, 2019), the Nevada Supreme Court held that strict compliance with the notice requirements in a lease agreement was not required where the defaulting party had actual notice of the default. Id. at *5 - 6. Although the Court did not decide whether Nevada is a strict compliance state (majority), or a substantial compliance state (minority), it seemed to indicate that it would follow the majority approach and require strict compliance if there was no actual notice involved. Id. at *5. The Court further held that the subtenant was not a necessary party under NRCP 19. Id. at *16.

NRCP 68 Offers of Judgment and Claim Preclusion

Desert Path.jpgOn October 5, 2017, in Mendenhall v. Tassinari, Case No. 68053, the Nevada Supreme Court answered the question of whether claim preclusion bars a party from subsequently filing claims based on fraud discovered during the ten-day irrevocable period for an offer of judgment.  The Court held that claim preclusion would apply if the three-part test for claim preclusion set forth in Five Star Capital Corp. v. Ruby, 124 Nev. 1048, 1054, 194 P.3d 709, 713 (2008) is met: (1) the parties or their privies are the same; (2) the final judgment is valid; and, (3) the subsequent action is based on the same claims or any part of them were or could have been brought in the first case.  The Court in Mendenhall found that claim preclusion did apply based on the three-part test and the fact that the offer of judgment was timely accepted.  The Court held that the proper avenue for relief in such a situation is through the filing of a NRCP 60(b) motion for relief from a final judgment or order, as alluded to in Nava v. Second Judicial District Court, 118 Nev. 396, 46 P.3d 60 (2002).  Unfortunately, the appellant/defendant failed to file a NRCP 60(b) motion after the offer of judgment was accepted.  The Court noted that claim preclusion may not apply if the offer of judgment does not "evince an intent by the parties to prevent a broad set of claims from being raised in a second action."  Unfortunately for appellants/defendants, the Court found that the broad wording of the offer of judgment evinced an intent for the offer to apply broadly to "any related or potential claims" that could have been asserted "between and among" the parties.

Evictions require special handling

It may be tough to do and you may not even want to think about it. As a business owner or landlord, however, you will need to evict tenants from time to time when they don't pay rent. It's important to have strong representation by a firm who is experienced with real estate law in Las Vegas or Henderson because evictions can be tricky.

When Things Go Wrong Between Outside Service Vendors

It doesn't matter what type of industry or sector your business is based in, there's a good chance you are going to have to form partnerships and enter into contractual agreements with other businesses in order to succeed and grow. This is part of being a business owner, but that doesn't mean that it's simple. Legally-binding contracts need to be well-written and enforceable, and the goal of these contracts is to create them to be mutually beneficial for both parties involved.

So, You Are In A Contract Dispute With Another Business

Business owners tend to invest a lot of time and resources into developing their contracts with other businesses. It can seem like a tedious task, but it's critical that you work with your partners to create a contract that is mutually beneficial and ultimately enforceable, if necessary. Partnering with an attorney who understands business law and specializes in developing contracts is ideal, as these professionals know what needs to be included within a contract in order to prevent disputes from occurring.

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Law Office of Hayes & Welsh

Law Office of Hayes & Welsh
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