Civil practitioners in Clark and Washoe counties are familiar with the Nevada Mandatory Court Annexed Arbitration Program. We know that unless exempt, cases of a value of $50,000 or less are required to go through the mandatory arbitration program before they can proceed to a trial. Nev. Arb. R. 1. The idea behind the program is to provide a simplified procedure for obtaining a prompt and equitable resolution of certain civil matters. Nev. Arb. R. 2. But did you know that there is an … [Read more...]
Revisiting The Policy Of Adjudication Of Disputes On The Merits Under The “Moon” Case: Turning A New Leaf Or Making An Exception?
Nevada courts regularly say that they favor adjudication of disputes on the merits of the claim and not some resolution based on a technical failure by a party or his/her attorney. See Young v. Johnny Ribeiro Building,.106 Nev. 88, 92, 787 P.2d 777 (1990). While there are a few exceptions to that general rule [click HERE], this policy of adjudication on the merits gives most claimants the opportunity to pursue almost any potentially viable cause of action all the way to trial. This … [Read more...]