Tag: 9 U.S.C. § 2

Nevada Appellate Courts Advance Opinions for September 5, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 5, 2019

Spar Bus. Servs., Inc. v. Olson

  • Is the untimely service of a timely filed petition for judicial review of an administrative decision a jurisdictional defect mandating dismissal.

Poole v. Nev. Auto Dealership Invs.

  • What is the meaning of “knowingly” and “material fact” under the Nevada Deceptive Trade Practices Act (NDTPA).

MMAWC, LLC v. Zion Wood Obi Wan Tr.

  • Does the Federal Arbitration Act (FAA) preempt NRS 597.995, which requires agreements that include an arbitration provision to also include a specific authorization for the arbitration provision showing that the parties affirmatively agreed to that provision.

Anderson v. State

  • What is the State’s burden of proof when invoking the forfeiture-by-wrongdoing exception to the Confrontation Clause.

Azucena v. State

  • What is the standard of review for preserved claims of judicial misconduct during voir dire.

DeMaranville v. Cannon Cochran Mgmt.

  • Did substantial evidence support an appeal officers finding that a retired city police officer’s death was caused by heart disease and was compensable as an occupational disease under NRS 617.457.

Visit the Nevada Appellate Report for more legal news.

Does a party’s failure to sign an arbitration agreement make it unenforceable?

Posted on by Jeff Jaeger

Mike v. Eighth Jud. Dist. Ct. (Nev. Supreme Ct. – Sep. 24, 2015)

Petitioners Mika, Harter, and Tallman sought writs of mandamus directing the district court to vacate its orders compelling arbitration of their claims against their former employer, CPS Security (USA), Inc., and certain of its agents and associates (collectively, CPS). All three petitioners signed the same long- form arbitration agreement, which included a clause waiving the right to initiate or participate in class actions. They urged the Supreme Court of Nevada to invalidate the agreement because, among other issues, it was not countersigned by CPS.

The issue is whether CPS’s failure to sign the long-form agreement made it unenforceable and that the short-form agreement, which CPS did sign and which did not include a class action waiver clause, therefore controlled.

CPS provided security services to construction companies in Nevada and elsewhere. Petitioners worked 50 to 70 hours per week for CPS as trailer guards. As a condition of their employment, CPS required petitioners to sleep overnight in small trailers located at its work sites. CPS did not pay petitioners for their sleep time except when they were called out to respond to an alarm or other activity at the site. Petitioners alleged, and CPS denied, that they are owed at least the minimum wage for the required on-site sleep time, whether called out during the night or not, as well as overtime pay.

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