Tag: NRS 608

Nevada Appellate Courts Advance Opinions for December 7, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 7, 2017

MULLNER (TROY) VS. STATE

  • Can a court consider felony convictions originating from juvenile offenses in habitual criminal sentencing.

IN RE: PARENTAL RIGHTS AS TO T.L.

  • When does a parent lack standing to challenge a court’s placement decision following the termination of his or her parental rights.

AGWARA VS. STATE BAR OF NEVADA

  • Can an attorney assert his Fifth Amendment right against self-incrimination to quash subpoenas issued by the State Bar that seek production of client accounting records and tax records.

NEVILLE, JR. VS. DIST. CT. (TERRIBLE HERBST, INC.)

  • Does NRS Chapter 608 provide a private right of action for unpaid wages.

ABID VS. ABID (CHILD CUSTODY)

  • Is illegally obtained evidence admissible in a child custody proceeding.

DOE VS. STATE, LEGISLATURE OF THE 77TH SESSION

  • Does Nevada’s medical marijuana registry violate the Due Process, Equal Protection, or Self-Incrimination Clauses of the United States or Nevada Constitutions.

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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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