Smaller Roundup

Note: we've received some comments about how the website is becoming a simple collection of links to Nevada legal cases. So we're going to dial back on the link-a-thon Roundups and try to focus only on posting information that specifically concerns firms, judges, salaries, ethical issues, and of course gossip.

If you find yourself missing the longer list of Nevada legal issue links, I'd recommend harmfulerror.com. Harmful error focuses on Nevada/national criminal stories, but contains a great daily digest of criminal stories in the news.

Trying to Burn the Nevada Supreme Court [but not in effigy]

In Carson City, an anti-government activist/convicted sex offender tried to protest the legislature's special session by spray painting and trying to burn the Nevada Supreme Court building.

The Review-Journal reports:

A 26-year-old man was arrested Thursday and charged with arson after an incendiary device was ignited at the Nevada Supreme Court Building on Sunday evening, the state Department of Public Safety announced.

Black spray paint was also used to write an anti-government slogan on the court building. There was minor damage to the structure, but no injuries as a result of the incident . . .

During questioning, Hollis and other sources indicated that Hollis had planned to stage an event that would "send a message" during the special legislative session . . .

During interviews, Hollis told others he wanted to blow up the Nevada State Supreme Court building and hurt people in the government. He also mentioned he is upset over changes in the tier system for sex offenders scheduled to take effect Tuesday.

Hmm . . . maybe tracking the movements and location of all convicted sex offenders isn't such a bad idea. I mean, I know this guy is protesting the government's ability to track him, but he kind of proved law enforcement's point on the need to keep track of sex offenders, didn't he?

Thurs Roundup

The FBI announced a major child prostitution bust with links to Las Vegas. At least 65 people have been arrested in Las Vegas as a part of Operation Cross Country, including pimps, prostitutes and people soliciting prostitutes. (Las Vegas Now)

Congratulations to District Judge Arthur Ritchie Jr. [pictured right], the presiding judge for Family Court, who has been named new Chief Judge for the Eighth Judicial District Court. (Review-Journal) In other court personnel news, congratulations to Edward A. Friedland, Esq. who has been selected to serve as the Court Executive Officer and Clerk of the Court of the Clark County Courts. (Harmful Error)

Parents whose 4 yr-old with a genetic disease died after they him left alone in their SUV are facing murder charges. (Review-Journal)

Before his Public Defender could talk to him, a man accused of robbing and beating Oakland Raiders receiver Javon Walker alleged in open court that police pressured his fiance to press charges against him in a domestic violence case. (Review-Journal)

The Nevada Supreme Court will take up the issue of whether term limits for state and local officials are constitutional. Under the current term limits, those who have served for 12 years in office can no longer run for office. (Review-Journal)

Las Vegas Police detectives have submitted a felony case against a well-known tag crew member to the district attorney’s office as a suspect in the graffiti outbreak at the Regional Justice Center. (Las Vegas Sun)

An editorial suggesting that a Clark County Baliff's tasering of a 23 yr-old audio-video technician for the entertainment/education of kids might not have been a good idea. (Las Vegas Sun)

After 25 years of serving the City of Henderson, Police Chief Richard Perkins is retiring. (Las Vegas Now)

In Carson City, an attorney with only 8 yrs of experience is running for a District Court Judicial seat, claiming the requirement that judicial candidates must be licensed for at least 10 years doesn't apply to him because he was licensed before the law went into effect. (Nevada Appeal)

Congress will not be rolling back the Internet gambling ban this year after a House committee deadlocked on an amendment to prevent federal agencies from completing the new rules until the agencies defined "unlawful Internet gambling." (Review-Journal)

An international defense contractor accused of attempting to bribe an Army office is on the loose after cutting his electronic monitoring bracelet and disappearing. Some Assistant U.S. Attorneys are questioning Magistrate Judge Lawrence Leavitt's decision to allow the suspect to remain under electronic monitoring at a friend's home. (Las Vegas Sun)

In Ireland, the lethal toxin Ricin was found in the prison cell of a former Las Vegas poker dealer accused of conspiring with a Clare woman to kill her partner and his two sons. (Breaking News)

Knapp details the legal wrangling that led to a dismissal in the Gage trial while pointing out the absurdity of Gage's claim of being "vindicated" after 8 of 12 jurors in an earlier trial said he was guilty. (Las Vegas City Life)

District Judge Herndon unsealed the three year old malpractice suit against Judge Miley. (Review-Journal)

Finally, Congratulations to Las Vegas lawyer Aaron D. Lovaas who has been named by Mountain States Super Lawyers magazine as one of the top business litigators under 40 in the state of Nevada. (PR Web)

Wednesday Roundup

Sadly, the "Naked Burglar" will not be able to commit more crimes. Police arrested a man who they suspect to be the nude man was caught on surveillance tape breaking into a convenience store, stealing alcohol and weapons and attempted to disguise himself by placing a trash bucket over his head. (Las Vegas Now)

Love is on trial for murder--that is, Sherri Love is on trial for murder. Her murder trial is before District Court Judge Stewart Bell and the family of the 7 yr-old victim is an attendance in tears. (Review-Journal)

The ACLU has joined the constitutional challenge to Nevada's new sex offender law on behalf of the most sympathetic group of Plaintiffs ever--12 sex offenders. (Review-Journal) The lawsuit claims the new law punishes sex offenders for crimes for which they've already served time.



Apparently Oakland Radiers' receiver Javon Walker's earlier claim of being kidnapped from the Bellagio is dead wrong. Las Vegas police have arrested one man and were searching for another involved in the beating and robbery of Walker. The police are now saying that Walker climbed into Fadel's black Range Rover sport utility vehicle after partying in Las Vegas the night of June 15 only to be beaten and robbed. (Review-Journal)



In Carson City, District Judge Richard Wagner removed three rural Nevada elected officials from the November ballot because of the term limits constitutional amendment, which was passed by voters in the 1994 and 1996 elections. The amendment prohibits officeholders from serving more than 12 years in the same office. (Review-Journal)



Lawyers for the CEO of software company eTreppid Technologies LLC are asking U.S. Magistrate Judge Valerie Cooke to impose sanctions on a former executive, who they allege is withholding computer drives and other evidence that had been seized by the FBI in 2007 (and then released due to a 4th Amendment violation). (Review-Journal)

U.S. District Judge Kent Dawson found a man accused of impersonating a notary public for members of an "imaginary" Indian tribe in contempt of court, but allowed him to avoid jail time (after warning him not to notarize any more documents). (Review-Journal)

A columnist explains why its legal for motor scooters to drive in the travel lanes. (Review-Journal)

To Stun or Not to Stun [for the kid's entertainment]

Take your Child to Work Day can be so boring for the kids. Unless you visit the District Court in Clark County, where the bailiffs will taser a court employee for your entertainment [or education?]


The Las Vegas Sun reports:

It must have been the most entertaining five seconds they spent together — this crew of grade-school kids, sitting in a courtroom on Take Your Child to Work Day at District Court in the County Courthouse, watching a square-shouldered bailiff draw his Taser, steady his aim and zap a volunteer with 100,000 volts of learning. . .

[Bailiff Tom Lemke] “tased” a 23-year-old man, an employee of the court, who . . . “stood up and waved to the crowd” after his electrification in the name of education.

Apparently, not all County officials were enthusiastic about the demonstration:

One little pull of the Taser trigger set off volleys of angry e-mails between
elected officials — and blew up into a bitter accusation.

Specifically, Justice of the Peace Douglas Smith, boss of the bailiff in question, contends that Clark County Manager Virginia Valentine, the most vocal critic of the Taser demo, is making a fuss not because of safety concerns, but because of political
motivation.

“The marshals are in for a raise and she doesn’t want to give it to them, so she is trying to use this to make them look unprofessional,” Smith says. Not so, Valentine says. It’s just that she and her colleagues in the county don’t think it makes sense to stun someone with a Taser for quasi-entertainment purposes. Not only could someone get hurt, someone could get sued. Taxpayers would be on the hook for the liability.

Sure, it could have left the county liable for an injury that arose. But, c'mon, it's better solution to Take your Child to Work Day than giving the kid a crayon and a sheet of paper and sitting them behind a desk.

Rants & Raves = ouch for Vegas lawyers

If you've never visited craigslist's Rants & Raves section (Las Vegas' R&R section available here), you are missing a gossipy, bitchy good time. It's even better if you're curious about the general public's impression of lawyers.

After receiving a tip yesterday, we took a tour of the rants and raves by searching with the terms "lawyer" or "law" and here's a sample of what we found:

• Attorney Westley U. Villanueva of the Patenaude & Felix Law Firm is [allegedly] an asshole to his staff and [allegedly] treats them like crap (post available here and the numerous responses to the post available here);


• A legal secretary explains how she once went to an interview at a Vegas law firm specializing in collections and how the attorney [allegedly] told two early-20s blonde women in short skirts that they were both equally qualified for the job and they "needed to show him who was better suited for the position." The secretary explains that she instantly "dropped to my knees and sucked him off." Apparently that worked, she claims she got the job. (post available here);


• Another poster brags that he is a Disabled American Veteran who's checks are untouchable by attorney Westley U. Villanueva of the Patenaude & Felix Law Firm [who is apparently popular on craigslist]. The poster then brags about buying a computer to trash Mr. Villanueva (post available here);


• One poster claims to work in the Clark County Family Court system and claims that Family Court Judge Cheryl Moss "is a known lesbian, although she hates strippers!" Apparently being a stripper-hating lesbian isn't enough because the poster also [alleges] Judge Moss is corrupt and the he only way to win in Moss' court is to hire a law firm that gave her a large campaign contribution. Finally the poster claims Judge Moss has been known to "'throw a case' due to being intimidated by 'assholes for hire' AKA lawyers." (post available here);


• Another writer claims Adam Kutner (who has already reached Vegas infamy status from a Las Vegas City Life story discussed here) has a deal with tow truck companies so that Kutner's office can take pictures of the vehicle before the adjuster for the insurance firm shows up and recommends doubters visit the firm's parking lot on a Monday morning. The poster, who signs "Former Employee" [alleges] Kutner seeks spanish-only clients because they are "more easily intimidated and manipulated" and that Kutner has "the foulest mouth you've ever heard". Finally, the poster [alleges] Kutner "has a terrible reputation among other attorneys in this town" and a potential client "would probably be better off talking directly to [his/her] insurance company". (post available here);


• [Kutner is also popular on the R&R site] Another poster writes about Kutner that after signing a "contract agreement you will never hear from his office again" and the only way to speak to someone in the office is "to drive down there and sit in the waiting room". The poster then encourages accident victims to go to anyone else. (post available here);


• one poster asks if Bob Massi is "a good lawyer or is [] just Glen Lerner in a better suit?" (post available here);


• another suggests the "first rule in the legal world, is never use an attorney who has to advertise after 10 years in practice . . .You can work out a better deal with the insurance companies yourself, and save all the lawyer fees . . ." (post available here);


• and what would a gossipy page be without a post on the 4 ft 10" Heavy Hitter? A poster writes the following about Glen Lerner: "That money hungry son of a bitch only got me $2500.00 for my personal injuries when i was hit head on by a drunk driver who fell asleep behind the wheel. I was promised 4-5k and received 2500.00, Do not make the same mistake." (post available here)

Yikes. Those posters are even bitchier than this blog. And that's hard to do.

U.S. Attorney's Office fights to keep strip club licensed for liquor

Yesterday, a federal prosecutor appeared before U.S. District Judge Philip Pro and asked the federal judge to prevent a Las Vegas city ordinance from rescinding special use permits that allow exotic dancing and liquor at the Crazy Horse Too strip club.

The Review-Journal reports:

[The Asst. U.S. Attorney] argued that the value of the club would plummet from between $32 million and $35 million to between $8 million and $10 million without the special permits. The club opened before current zoning laws were adopted, but was allowed to continue operating.

The strip club has been closed since the federal government took it over last August.

Deputy [Las Vegas] City Attorney Bill Henry . . . said the city would be "outraged" if Pro took the uncommon step of overriding a city ordinance. He explained that the city is "protecting our citizens" by working to get rid of clubs grandfathered in after the new policies were put in place.

Bill Henry explained to Pro that the special use permits are stripped if the owner abandons them or discontinues the use of them. He said the federal government has done just that by failing to reopen the club.

The City Attorney then offered a Vegas-style solution to the federal government's problem:

He said the federal government could gain another year if it opens the club, serves alcohol and provides adult entertainment for an eight-hour period.

But prosecutors argued that the federal government is not in the business of
operating strip clubs.

The U.S. Attorney's office got into this odd legal position after seizing the strip club property as part of the former owner's plea agreement. Former Crazy Horse owner Rick Rizzolo pled guilty to tax evasion charges in 2006 and part of his plea bargain required Rizzolo to pay a patron of the club $10 million from the sale of the club. The patron had become quadriplegic after being beaten by strip club employees after arguing over his drink tab in 2001.

And on a rather touching note, apparently not all U.S. Attorneys are made of stone. Assistant U.S. Attorney Eric Johnson teared up in front of U.S. District Judge Philip Pro as he argued that money from the sale of the club was needed to compensate the quadriplegic victim of the club's employees.

Tues Roundup

Convicted sex offenders are challenging a new Nevada law that tracks sex offenders based on the crime they committed instead of their assessed risk of re-offending. The sex offenders' attorney, Randall Roske, says the new law is unconstitutional and demonizes a group of people who aren't a risk to society. (Fox 5) [uh . . . I'm gonna go out on a limb here and suggest that most people wouldn't describe convicted sex offenders as not "a risk to society". But maybe it's just me]

A 24-year-old man has been arrested on a second-degree murder charge for allegedly providing more than 160 pills, including 32 hydrocodone pills to a 16 yr-old wrestler at Centennial High School. (Review-Journal)

Apparently, the U.S. Dept. of Justice doesn't know how we do things in Nevada. They are looking into the details of how the Dept. of Energy awarded a four-year $47.7 million contract to handle licensing for the Yucca Mountain nuclear waste repository with Morgan Lewis & Bockius, a firm acknowledged to have conflicts on nuclear waste matters. (Review-Journal)

After 15 minutes of deliberating, a coroner's jury unanimously found a Las Vegas police officer was justified when he shot and killed a man who was armed, pacing and screaming for the demons to go away and had pointed his weapon at a friend and his brother. (Review-Journal)

One of the first patients infected with hepatitis C at Endoscopy Center of Southern Nevada spoke about the infection, "When they diagnosed me with hepatitis C, it was just like my whole world crashed." (Las Vegas Now) [makes me proud the judicial system will allow Dr. "Needles" Desai to plead the 5th and not testify in the civil trial].

Some homeowners who are being foreclosed on are vandalizing the property before leaving. (Las Vegas Now)

A Lyon County man was sentenced to eight years in prison for the unprovoked February knife attack/throat slashing of a Carson City man. (Nevada Appeal)

Apparently Las Vegas Justice of the Peace Joe Bonaventure doesn't want alleged murderers on the street of Vegas. A 24-year-old woman accused of murder in connection with slaying of a furniture store manager was denied bail on Monday morning. (Review-Journal)

Over at the O.J. circus, District Court Judge Jackie Glass rejected a bid by O.J. Simpson's defense team (headed by criminal defense attorney Gabriel Grasso) to question prospective jurors about what they know and think about the former football star and a bid to use a lengthy pretrial questionnaire to gauge how people in the jury pool might respond to defense strategies in Simpson's armed robbery and kidnapping case. (Review-Journal)

Congratulations to Richard Chatwin, named as an associate by the Gerrard Cox Larsen law firm. (Review-Journal)

And Congratulations to Steve Hiltz, directing attorney for the Clark County Legal Services Program's Children's Attorney Project, who the American Bar Association recognized with its Child Advocacy Award. (Las Vegas Business Press)

Finally, Congratulations to Michael Bonner, John Brewer, Mark Ferrario, Mark Fiorentino, Robert Gronauer, Christopher Kaempfer, Neal Klegerman and Thomas Kummer, who Chambers USA ranked as leaders in gaming, corporate law, litigation and real estate/zoning and land use. (Las Vegas Business Press)

Snell & Wilmer partner accused of participating in fraudulent scheme

It wasn't a good weekend for Snell & Wilmer partner Patrick Byrne. Allegations that Mr. Byrne participated in a "fraudulent scheme" hit the news and the press reported that Byrne and S&W is being sued for legal malpractice, breach of contract, breach of fiduciary duty and other civil matters.

The Review-Journal reports:

The receiver for Southwest Exchange, the Henderson-based financial company that collapsed in 2007 owing $98 million to 130 real estate investors, is suing regional law firm Snell & Wilmer and accusing the law firm's managing partner in Las Vegas of participating in a fraudulent scheme.

Attorney Steve Morris, who represents Snell & Wilmer, denied the allegations. "The allegations contained in the complaint are false and are not based on the facts," Morris said in a statement. "The complaint is nothing more than a litigation tactic intended to pressure the firm and its partner, Patrick Byrne, into settling claims that simply do not exist."

The article details how Byrne [allegedly] loaned millions of dollars to the owners and operators of Southwest Exchange in exchange for stock and airline flights, failed to disclose to one officer of the company that he was representing another officer of the company, and that Snell & Wilmer "failed to incorporate a provision of Nevada statutes that states that it is a felony for Southwest Exchange to transfer or commingle client money without written consent of the client".

Okay, there's no way to make mortgage financing schemes sexy, even with alleged fraud, but the allegations that Byrne was personally bailing out his client through multi-million dollar loans makes this case one to watch.

Old malpractice suit against Judge Miley and her prior firm to be unsealed

In 2005, as Family Court Judge Stefany Miley was being sworn in, a widow sued the judge and her law partners for malpractice. The lawsuit was sealed by District Judge Doug Herndon at the time.

The Review-Journal reports:

[Judge Herndon] said last week that he sealed the matter by mistake and plans to unseal the lawsuit unless attorneys can convince him to do otherwise. Judge Doug Herndon said he didn't realize he had sealed the case in error until the Review-Journal inquired about it, and that he plans to call the attorneys on the Miley case back into court to justify the sealing of the case.

The sealed case alleges Miley and her old firm failed to file records with the court before a client's death:

The lawsuit, which was quickly sealed from public view, alleged that Carr-Blum's
husband, at the time of his impending death, signed legal documents to keep the couple's home out of probate, but that the law firm didn't file the records at the courthouse before he died, as required for Carr-Blum to assume sole ownership of the house.

The man died five days after he signed the documents in the presence of the law firm's paralegal, according to court records.

Kate Kruse, a law professor at the University of Nevada, Las Vegas, who teaches
professional ethics, said that for a lawyer to miss a deadline at court, resulting in a client being hurt, is a "pretty serious oversight." In a situation like the Miley case, it's possible the law firm had no way of knowing when its client would die and, therefore, had no idea that its deadline was imminent, Kruse said.

Even with just five days between execution and the client's death, it seems like the firm screwed up here. That said, consider the story in context: Miley's competition for the District Court judicial seat is Judge Halverson. Not a tough voting choice there.

Weekend Roundup

U.S. Senator Harry Reid (D-NV) is saying that former UNLV law professor and current 9th U.S. Circuit Court of Appeals Judge Jay Bybee would not have been approved as a federal appeals judge if the Senate had known Bybee signed a controversial memo regarding interrogations of suspected terrorists. (Review-Journal)

A former Washoe County water engineer surrendered to sheriff's deputies in Reno to face charges that he embezzled millions of dollars from the county water division and gambled away more than $1 million of it at a local casino. (Review-Journal)

A federal grand jury indicted a Las Vegas real estate broker and her husband who were charged in March with defrauding federally-insured financial institutions of millions of dollars in order to inflate housing values, using straw purchasers and limited liability companies. The couple is also charged with conspiracy to commit bank fraud, mail fraud, wire fraud and money laundering, 13 counts of bank fraud and criminal forfeiture. (Las Vegas Sun) The U.S. Attorney expects more arrests to come. (Reno Gazette-Journal)

Congratulations to California attorney Monica R. Dean, who joined the law firm of Lovaas & Lehtinen, P.C. (PR Web)

The effort to recall two Boulder City politicians is headed towards the Courts. (Las Vegas Sun)

There aren't many fines being issued for violations of the smoking ban. (Las Vegas Sun)

Attorneys on both sides are working on voir dire questions to choose a jury for the O.J. trial [pt 2]. (Las Vegas Now)

An interview with Josh Resiman from Ballard Spahr about oral argument before the Ninth Circuit in the landmark affordable housing/disability rights case. (In Business Las Vegas)

A letter to the editor says Judge Mosely may have some ethical problems, but he's tough on criminals. (Review-Journal)

The Las Vegas City Council may have found a compromise in the marriage soliciting wars: solicitors would have to stand in designed soliciting zones. (Las Vegas Sun)

Federal government attorneys are pushing for U.S. District Judge Philip Pro to intervene and save the possible sale of the Crazy Horse Too strip club. (Las Vegas Sun)

Embattled Ninth Circuit Judge Kozinski has hired Mark Holscher of Kirkland & Ellis to represent him in a pending judicial misconduct inquiry. (WSJ)

Emails sent by University of Nevada-Reno police will be scanned by school administrators to ensure campus police are no longer circulating porn. (Review-Journal)

Gage says he's vindicated by lack of acquittal . . . [ahem], I meant procedural dismissal

Noel Gage was interviewed by the Review-Journal about his victory and vindication in Federal Court. Mr. Gage didn't let a little thing like not being acquitted and a position of a jury vote for his conviction (resulting in a mistrial in the prior trial) get in the way of declaring the judicial dismissal on procedural grounds to be proof of his innocence.

Then, to show how magnanimous he is, Gage attacked the U.S. Attorneys who brought the case against him.

The Review-Journal reports:

Pointing to the nine-page decision, Gage said, "It shows that we have an office here that's out of control, that doesn't understand their constitutional obligations to the public."

For months, Gage has criticized the U.S. attorney's office in Las Vegas for pursuing the case against him. "I always knew what the result would be," he said. "I just didn't know when." Gage said the ruling by Senior U.S. District Judge Justin Quackenbush amounts to an acquittal because it bars prosecutors from refiling the case.

But prosecutors could ask the 9th U.S. Circuit Court of Appeals to review
the decision. When asked about the possibility of an appeal, Gage said simply,
"Bring it on."

"Bring it on." Apparently, Gage has been hanging out with the 4 ft 10"Heavy Hitter again. But weirdly, the U.S. attorney for Nevada didn't get the memo about how judicial dismissal really amounts to an acquittal and proof of Gage's innocence:

"Obviously, there was enough evidence for the federal grand jury to believe
that Mr. Gage should be indicted," Brower said Thursday. "We believed there was
enough evidence to convict Mr. Gage of the charges against him. We believe that
the evidence was overwhelming, and we were confident that if given the chance to
try the case again, we would prevail."

Nye County D.A. doubles down on DUI

Unwilling to merely crash one vehicle while driving drunk, Nye County District Attorney Robert Beckett crashed two vehicles on the same desert highway six hours apart.

The Review-Journal reports:

Beckett, 49, totaled his county-issued sport utility vehicle in the first rollover accident, which occurred about 1:30 p.m. Sunday on California Route 127 just south of Shoshone, Calif.

Then, after catching a ride back to his home in Pahrump in a tow truck, Beckett headed back out on the same highway in the family van, only to crash again at 7:35 p.m. about 35 miles south of the first accident scene.

The California Highway Patrol officer called to the scene of the second wreck reported smelling alcohol on Beckett's breath.

Sgt. Mike Black, spokesman for the Highway Patrol's Barstow, Calif., area office, said Beckett failed a blood-breath alcohol test and was arrested for drunken driving.

The longtime district attorney was taken to Baker, Calif., 20 miles from the crash site, where he was cited and released into the custody of a friend who came to pick him up, Black said.

You know, lawyers are resilient, but most would probably quit after the first alcohol-fueled car wreck.

Thurs Roundup

Wanna hear some good songs about the law? Above the Law posted its list of the top 10 legal songs. (Abovethelaw.com)

The woman who was with Pacman Jones when the Minxx Strip Club got shot up was found dead in the Bronx yesterday after being thrown off a building. (Review-Journal)

District Judge David Barker dismissed the charges against Lt. Juanita Goode, who was facing felony counts of falsifying loan information to purchase a $600,000 home in Las Vegas. (Review-Journal)

The Ninth Circuit ruled that employers have no right to read employee's text messages without consent. (ABA Journal)

A fugitive sweep that is being called the largest such operation by U.S. Marshals in Nevada nabbed more than 200 criminals wanted on felony charges, representatives with the agency said Wednesday. (Review-Journal)

Happy days for Bankruptcy attorneys! The number of Southern Nevada bankruptcies in the first four months of 2008 have exceeded the total number for all of 2006. (Las Vegas Business Press)

Apparently, not everyone agrees with the ethics of Noel Gage's litigation "strategy". The State Bar filed a grievance in March that Gage was splitting fees with non lawyers, including [allegedly] crooked medical consultant Howard Awand. (Review-Journal)

A former Mirage craps and blackjack dealer is claiming he was wrongfully terminated by the gaming giant because of his age and because of the high cost the company paid to provide health insurance to his wife who has cancer. (Las Vegas Business Press)

Wed Afternoon Roundup

The Nevada doctor convicted of abducting his estranged wife is asking to be released from prisong due physical incapacity from Multiple Sclerosis. (Nevada Appeal)

District Judge David Barker today dropped all charges against a Las Vegas police lieutenant who was accused of theft and burglary. (Review-Journal)

The Nevada State Prison in Carson City will close. (Review-Journal)

The Las Vegas City Council has denied Crazy Horse Too's liquor license application. (Review-Journal)

Justice Department lawyer Gregory Addington told a U.S. District Judge Lloyd George that seasonal fluctuations have further reduced water flows in a century-old canal that supplies parched farmlands east of Reno and urged the judge not to block the U.S. Bureau of Reclamation from increasing flows again this fall and winter through Fernley, where earthen walls of the Truckee Canal collapsed in January and flooded nearly 600 homes. (KESQ)

Gage Charges Dismissed--additional Plaintiffs not injured [yet]

You may have heard yesterday that Judge Quackenbush dropped all charges against Plaintiff superhero and [alleged] cheater of Plaintiffs Noel Gage. Judge Quackenbush followed through on his threat to dismiss charges if U.S. Attorneys did not grant immunity to Dr. Mark Kabins, a doctor who [allegedly] waited 11 hours to perform emergency surgery, but wasn't sued by Gage because of what Gage calls "trial strategy" and others allege was a conspiracy to protect doctors such as Kabins that work with Gage's office.

The Review-Journal reports:

In his order Tuesday, Senior U.S. District Judge Justin Quackenbush wrote
that it was unfair for the government to offer immunity to two doctors accused
of being involved in the conspiracy, but not to Dr. Mark Kabins, whose testimony
was expected to contradict government witnesses . . .

"The integrity of our justice system would be totally compromised if the
prosecutor could grant immunity to witnesses whose testimony supports the
Government's charges, but reject the same 'use' immunity to other witnesses
whose testimony would contradict the Government's position or witnesses,"
Quackenbush wrote.

First Assistant U.S. Attorney Steve Myhre told Quackenbush the government
could not offer immunity to Kabins, because he is a target of its investigation
and could be indicted.

Quackenbush noted it is unusual for a judge to force the government to
offer a witness protection. "While the decision to grant the limited 'use'
immunity is ordinarily left to the discretion of the prosecutor, a basic and
constitutional exception is recognized when the potential witness has relevant
testimony favorable to the Defendant," he wrote.

However, Gage may not be able to breathe easy yet. A Review-Journal column suggests the U.S. Attorneys will be appealing Judge Quackenbush's ruling. (Review-Journal)

Judge Kozinski Update--discrediting a Judge as trial strategy?

Is the assault on Ninth Circuit Judge Kozinski and resulting ethical investigating simply an attorney's litigation strategy? Apparently the attorney who leaked the website to the press, Cyrus Sanai, has been the subject of charges by Judge Kozinski's wife.

Overlawyed reports:

Cyrus Sanai tells Patterico that his triggering an investigation of Judge Alex Kozinski’s web site is all “part of a litigation strategy” but does not reveal what the other two steps of his three-step strategy is, or more insight into his strategic genius.

In addition, Overlawyered notes that this isn't the first time Sanai has used questionable tactics or arguments:

You may recall the previous post where I discussed criticism of Sanai from Judges Zilly (W.D. Wash.) and Grimes (L.A. Superior Court).

On Patterico, Cyrus Sanai has made available his brief arguing why Zilly’s sanctions order was incorrect. We highly recommend everyone read it, as the brief gives experienced attorneys a strong sense of the merits of Sanai’s arguments.

[hat tip to Overlawyered for the outstanding coverage]

Also, if you're interested Above the Law has news on the judges appointed to investigation Judge Kozinski and a story on how the legal tabloid site is getting pushback over the decision to support Judge Kozinski. (Above the Law)



Finally, from the Onion:
A Los Angeles pornography trial was suspended when it came to light that the judge had bestiality-tinged photos on his personal website. What do you think?

Katla Braidwood, Financial Adviser: "Well, good luck finding a judge that doesn't run a bestiality site."

Jon Harwood,Systems Analyst: "That's nothing. Have you ever seen the stuff on Justice Scalia's website?"

Wed Roundup

The Nevada Supreme Court refused to allow death row inmate William Castillo to join in a challenge to the constitutionality of the state's method of execution by lethal injection. (Review-Journal) The order is available here.

A Nevada court has awarded a $4.5 million judgment to the former Chief Financial Officer for The Mirage who was fired after it was discovered that the Strip resort had failed to file thousands of anti-money laundering reports with the federal government between 2001 and 2003. (Review-Journal)

The story of how Oakland Raiders receiver Javon Walker is getting more interesting. Walker is reporting that he was attacked and abducted from his Bellagio hotel room and that thieves stole $3,000 in cash and $100,000 in jewelry. (Review-Journal)

Vegas courtrooms get a lot of national television coverage because the rest of the nation thinks our crimes are particularly seedy. (Las Vegas Sun)

A bronze plaque in downtown inscribed with a poem celebrating the seedy history of Vegas and the characters that sold this town as a destination has been stolen. Police believe the thief took it to melt down the bronze. (Las Vegas Sun)

A letter to the editor reports Judge Halverson campaigned at the San Genaro Festival and yelled at people who commented about why 500 lbs of embarrassment was there. (Review-Journal)

Michael Schwarz, defense counsel for murder-for-hire defendant Nelson Brady, is asking for a mistrial due to alleged juror misconduct. Schwarz says a juror overheard private conversations between him and his client because the juror was wearing court-supplied headphones that picked up conversations typical jurors wouldn't have heard [and Schwarz didn't have the presence of mind to press the mute button]. (Review-Journal)

Clark Co. commissioners upheld the suspension of Shadow Mountain Surgical Center's business license due to the medical centers continuing use of unsafe injection procedures. (Review-Journal)

Rest Easy Shady Elements of the Plaintiff's Bar: Noel Gage Case Dismissed

U.S. District Judge Justin Quackenbush dismissed criminal charges with prejudice against Las Vegas personal injury attorney Noel Gage today. The order is available here.

The Review-Journal reports:

Quackenbush followed through on his promise to dismiss the charges if the federal government did not comply with his order to offer immunity to Dr. Mark Kabins.

Quackenbush told prosecutors that Kabins' testimony was critical to the case. Gage and Kabins were accused of belonging to a network of doctors and lawyers who conspired to boost medical costs and inflate legal settlements, sharing the profits.

The government refused to offer immunity to Kabins because it had yet to decide whether to file charges against him.

So rest easy crooked Plaintiff's attorneys. Whether it was the result of a brilliant defense by Noel Gage's lawyers or a clusterf*ck by the U.S. Attorneys, today's result shows that in Nevada you can [allegedly] cheat your client and [allegedly] conspire with doctors to cover up their malpractice and not go to prison. Not only that, you'll be celebrated by the Plaintiff's Bar as one of the state's great attorneys.

Note: I just got an email forward from a reader. Mr. Gage apparently has an interesting take on the dismissal of his case. On the njamemberforum, he wrote that the case means that "a lawyer's strategy may no longer be subject to prosecution." Nice. The savior of Nevada plaintiffs thinks [alleged] collusion to protect doctors committing malpractice and [alleged] overcharging of clients is "strategy".

(a very slow legal news) Tuesday Roundup

Las Vegas police found Oakland Raiders wide receiver Javon Walker unconscious after he was robbed on a street off the strip. (Nevada Appeal)

Las Vegas Municipal Judge George Assad is going to have to apologize formally to a woman he jailed for two hours because her boyfriend did not show up in court to pay four-year-old traffic tickets. (Las Vegas Sun)

Chief Justice Roberts has appointed five East Coast judges to investigate the ethical issues involved in Ninth Circuit Court of Appeals Judge Kozinski's hosting of a publicly accessible website with humorous and explicit pictures. (WSJ)

Photos from the trial of former UMC CEO Lacy Thomas. (Review-Journal)

The ABA Journal details how a client letter left on the copier led a Las Vegas attorney to report his partner for misappropriation of client funds. (ABA Journal)

Monday Roundup

File it under "she should have said 'No comment'":
Ninth Circuit Judge Kozinski's wife "helped" the judge out today by announcing to the press that the Judge is "not into porn". (WSJ) You can read her letter to the press here.

An editorial decries the Nevada Supreme Court's striking down of the censure of Las Vegas Municipal Judge George Assad for his actions when he locked up an innocent woman as bait to compel her boyfriend to appear in his courtroom. (Review-Journal)

Congratulations to Nia Wooliscroft and Joseph Reynolds who were both recently hired as deputy D.A.s by Lyon County. (Nevada Appeal)


The Nevada Supreme Court struck down a man's conviction on drug trafficking charges, citing a string of prosecutorial and judicial errors. (Nevada Appeal)



Assemblywoman Allen's hearing for allegedly stabbing her husband with a steak knife is scheduled for June 30. (Las Vegas Now) [Allen pictured right]



The Attorney General's office has obtained a settlement in the overcharging franchise mechanic case. The company Brake Team will pay hundreds of thousands of dollars in penalties and restitution for alleged consumer fraud for telling customers they needed unnecessary repairs. (Las Vegas Now)

Weekend Roundup

The Nevada Supreme Court has set July 1 for a hearing on term limits. (Review-Journal)

The trial of the man believed to have poisoned himself by keeping the exotic toxin ricin in his motel room, just off the Las Vegas Strip has been postponed by U.S. District Court Judge Robert C. Jones until Sept. 9. (Las Vegas Now)

Editorial providing thoughts on the inaugural use of web casting to show Nevada Supreme Court hearings. (Review-Journal)

A federal racketeering trial stemming from the alleged embezzlement of $400 million from China’s state-run bank is delving into the secretive and high-powered world of Strip high rollers. (Las Vegas Sun)

In Reno, a lawyer for flood victims said that this week's failure of another canal provides more ammunition in the legal battle to slow water flows in a century-old Northern Nevada irrigation system because it shows "these ancient embankments are not as strong as they appear." (Review-Journal)

Clark Co.'s agency managing the system to select private criminal attorneys for indigent defendants had its first open meeting. (Review-Journal)

The Hep-C criminal investigations are running at a slow pace. (Las Vegas Now)

Does the Nevada legal system abuse victims who are afraid to testify? (Review-Journal)

A former Washoe County water engineer accused of embezzling more than $2 million from the county water division and gambling more than $1 million at a local casino admitted to the crimes in a letter to his family, according to court documents. (Review-Journal)

The Clark Co. D.A.'s office is letting federal prosecutors have the first crack at convicting Antonin Rezko on corruption charges. (Las Vegas Sun)

Las Vegas Attorney Randal Shimon Appointed as Arbitrator on AAA Arbitration Roster. (eMediaWire)

Judge Kozinski declares mistrial and recuses himself over website story

Ninth Circuit Chief Judge Alex Kozinski declared a mistrial in the L.A. obscenity case and recused himself due to the public controversy regarding humorous and explicit pictures on his website. (WSJ)

[Even I think this is a tempest in a teapot. The pictures on the judge's website were humorous, rather than pornographic. Sure Catholic priests and some women would be offended by the pics, but a mistrial? Wow. It takes a lot for me to say the media's gone too far in scrutinizing a judge, but this whole website story is too over-the-top and irrelevant to the obscenity trial to not call the whole "scandal" ridiculous]

As a result, the L.A. trial of the creator of bestiality and scat porn will have to wait. Intrigued by what the Grand Jury would have to say about bestiality and scat porn? You can read the indictment here.

[hat tip to UsLaw.com]

Tons o' Fun at the Nevada Supreme Court

Tons o' Fun showed up at the Nevada Supreme Court today to argue her constitutional challenge to judicial term limits. Judge Halverson claims that it was unconstitutional for the legislature to limit her judicial position to two years.

Las Vegas Now reports:

Judge Halverson is arguing that the Nevada constitution explicitly requires judges' terms to be six years. Justices pointed out that since 1871, the Nevada legislature has been setting shorter terms for new offices, including judges. That is done to synchronize election cycles.

Judge Halverson argued just because it has been done in the past does not mean it should be allowed to continue today.

Then Justice James Hardesty became my new hero:

[Justice Hardesty] then suggested one of the options would be to invalidate --or 'vacate' -- Judge Halverson's office along with other similarly situated judges.

Justice Hardesty called Halverson out for simply appealing so she can keep her seat. He laid it out there that if the legislature unconstitutionally created her judicial seat, the Court's shouldn't revise the position to six years, but should eliminate the unconstitutional position. Points to Justice Hardesty for throwing Halverson's strict interpretation line of crap back in her face.

Video of the hearing is available here.

Friday Roundup

The Nevada Supreme Court reversed the Judicial Discipline Commission's decision to censure Las Vegas Municipal Judge George Assad for a 2003 incident where Assad detained a woman who was not a party to a case. The Supremes ruled censure was not appropriate in this case because Assad's conduct was not "willful." (Review-Journal)

Yesterday we reported on 9th Circuit Judge Kozinski's hosting a public website with explicit photographs. Since then, Judge Kozinksi has ordered an ethical investigation to look into his actions. (WSJ Law Blog)

A Raleigh, NC man was convicted of violating the Mann Act for convincing a Western Carolina woman to travel to Las Vegas and engage in prostitution. (Asheville Citizen Times)

Congratulations to Mark Ricciardi, a partner in the Las Vegas office of Fisher & Phillips, on being named as one of America's Leading Business Lawyers by Chambers USA. (dBusiness News)

Several consumers contacted by Las Vegas-based Unified Services testified in U.S. District Judge Brian Sandoval's courtroom Thursday, claiming the telemarketing company withdrew money from their bank accounts before delivering services or after ignoring cancellation requests. (Review-Journal)

Thurs Roundup

Chief Judge of the U.S. 9th Circuit Court of Appeals, Alex Kozinski, was scheduled to preside over the obscenity trial of a Hollywood adult filmmaker until it was revealed the Judge he had a publicly accessible website hosting explicit pictures, including women naked on all fours and painted as cows. You can see the cow pic and other NSFW pics from Judge Kozinski's website by clicking here. (LA Times) [honestly, the pics from the website are hilarious. I'll take a Judge with a sense of humor over the train wreck of Halverson anyday]

Staff from the Attorneys General's offices in Utah, Arizona and Nevada gathered in Vegas yesterday to discuss polygamy. (Fox News)

Speaking of affairs, Governor Gibbons has helped put the state back in the national spotlight as a result of his having an [alleged] affair while Governor and sending 860 text messages to his [alleged] mistress using a government text phone. (AP) George Knapp theorizes what the messages might have been. (Las Vegas City Life) [maybe Gov. Gibbons and Judge Halverson should team up for a traveling Nevada side show]

The Nevada Supreme Court is conducting its first hearing via webcast. (Harmful Error)

Congratulations to Lisa W. Lackland and Anthony L. Martin, who Lewis & Roca named as partners in their Las Vegas office. (JLNS)

The wives of two Chinese men accused of stealing more than $400 million from the Bank of China distanced themselves from their husbands yesterday, claiming they were not aware of the scheme to steal from the bank. (Review-Journal)

Clark Co. officially suspended Shadow Mountain Surgical Center's business license after reports that the surgery center continues to use unsafe injection procedures. (Review-Journal) [if Clark Co. keeps putting these unsafe medical practices out of business, where are Las Vegans going to go to get Hep-C when they really need it?!?]

Hulk Hogan's former wife wants the former wrestler cited by a Florida judge for failing to pay his share of a $4.2 million Las Vegas condo. (AP)

As part of a federal lawsuit brought by the SEC against Las Vegas-based Gold-Quest International, a North Dakota group of Native Americans calling themselves the Little Shell Indian nation (although they are not recognized as an Indian nation by U.S. or Canada) is seeking $1.7 million in damages. The matter is before U.S. District Judge Kent Dawson. (Review-Journal)

Street Preachers have dropped their First Amendment lawsuit (brought by the ACLU) against a Clark Co. ordinance limiting the size of signs that can be used on Strip sidewalks. The ordinance was changed to state signs may not pose an obstruction. (Review-Journal) [thank the Lord! Now Bellagio fountain visitors can again look forward to a nutjob screaming that they will burn in hell--the Founding Fathers would be proud]

In the Fernley flood trial, the chief government engineer overseeing an irrigation canal that broke and flooded 590 homes in Northern Nevada in January sought to reassure a U.S. District Judge Lloyd George on Wednesday that current reduced flows in the canal are safe. (Review-Journal)

Judge Mosley's competition for the District 14 judicial seat is coming out swinging. His signs declare "Tired of Corruption? ChrisDavisFor Judge.com." (Review-Journal)

Wed Roundup

Congratulations to Robert Eglet, senior partner or Mainor Eglet Cottle, on obtaining a $4.5 million verdict for his client who was injured by a driver who attempted to pass a large tractor trailer on US 95 and struck the client's vehicle head-on. (KVBC)

ACLU is unhappy with a wedding handbilling law that says it's "unlawful" to solicit "any person to be married" while on courthouse property. (Review-Journal)

The Las Vegas Metro Police gang unit is trying to track down the person/people who defaced several restrooms in the Regional Justice Center with gang graffiti. (Las Vegas Sun)

The State Board of Education is taking up to 21 months to revoke the licenses of teachers convicted of crimes, including sex crimes. (Las Vegas Sun)

It's County official criminal charge time: a Nye County Commissioner is accused of bribery (Review-Journal) and in Washoe County a water engineer is accused of forming two bogus companies to sell county water well capacity rights he did not own (Review-Journal).

Members of the Nevada Board of Medical Examiners may soon have to divulge conflicts of interest. (Review-Journal). Meanwhile an editorial says the fact that Shadow Mountain Surgical Center was allowed to continue operating after the facility was found to have infection control problems shows that Nevada doctors are still allowed to flout the rules. (Review-Journal)

The Transportation Security Agency will be using body-scanning machines that generate revealing images of people underneath their clothes at McCarran Intl. Airport. (Review-Journal)

Up in Reno, Federal Judge Loren A. Smith awarded more than $4.2 million to the estate of late Nevada rancher and "Sagebrush Rebellion" private property rights advocate Wayne Hage, ruling that the U.S. Forest Service committed a constitutional "taking" of his water rights during a decades-long dispute over livestock grazing on federal land. (Review-Journal) And an editorial celebrates the now-deceased Mr. Hage's fight for property rights. (Review-Journal)

Fox Rothschild had a big jump in revenue and established a full service office in Las Vegas during 2007. (Law.com)

Tuesday Afternoon Roundup

The Ironworkers are pushing OSHA to restore safety laws at the City Center site. (Las Vegas Sun)

After being asked by the Attorney General to reconsider its "comps are not taxable" decision, the Nevada Supreme Court asked the casino that fought the case to weigh in on the idea of revisiting the issue. (Nevada Appeal)

Last year, the Nevada Supreme Court reversed, remanded or vacated only 3% of criminal appeals. (Harmful Error)

Finally, ever find yourself dealing with a partner of a large firm as opposing counsel and wondering where they live and how much they paid for it? Well know you can know thanks to Las Vegas Blockshopper.com. For example, perusing the website today, I learned that Christensen Glaser real estate partner Mandy Shavinsky recently bought a 3 Bdrm house for $585,000. You can read about her purchase here. Or read here about how Spilotro & Kulla partner Mark A. Kulla just bought a Henderson 5 Bdrm for $1.35 million.

Tuesday Roundup

District Judge Mark Denton issued an injunction in the battle between the Las Vegas-Clark County Library District and Friends of Southern Nevada Libraries preventing Friends of the Library from distributing any money made from the sale of unwanted library books or other materials to any entity but the library district. (Review-Journal)

Police in St. George broke up a prostitution ring allegedly run by two Las Vegas men who would recruit women in St. George to work as prostitutes in Vegas. (Deseret News)

Olympia Group--the developer of master-planned community Park Highlands in North Las Vegas--filed suit in District Court, alleging its partner failed to pay its share for infrastructure. (In Business Las Vegas)

Governor Gibbons and his soon to be ex-wife are putting the divorce proceedings on hold in an attempt to resolve the issues that brought them to court. (Las Vegas Now)

The Carson kidnapping doctor will come up before the parole board next week. (Nevada Appeal)

A trial of four men allegedly involved in racketeering in Vegas and stealing more than $400 million from the Bank of China. (Review-Journal)

The Clark Co. District Court and Office of the County Clerk are sparring over how badly the County Clerk mismanaged an attorney trust fund. (Las Vegas Sun)

A federal lawsuit alleging Clark Co.'s child welfare system leaves children at risk has not been approved as a class action. (Las Vegas Now)

The environmental group Glen Canyon Trust has filed a lawsuit over the way the Glen Canyon Dam is being managed. (Las Vegas Now)

Congratulations to Joseph Liebman who was hired as an associate attorney with Bailey Kennedy. (Las Vegas Business Press)

Monday Roundup

Las Vegas lawyer Jeanne Winkler, who was suspended in March amid allegations that she misappropriated more than $200,000 from her attorney-client trust account, is now facing a felony bad-check charge. (Review-Journal)

An owner of dogs who mauled a man in East Vegas is under arrest because he's also a registered sex offender who failed to inform police of his residence. (Las Vegas Now)

In a 2-1 vote, the Nevada Supreme Court's northern panel has ruled a former sex offender serving time for a non-sexual offense doesn't have to get a psychological panel certification before his parole. (Nevada Appeal)

Weekend Roundup

History of how Nevada won the 1930's race to be the best place to get a divorce. (Review-Journal)

Why do people read the Nevada Appeal? Well in 1878 one reader subscribed because she "noticed one pleasing peculiarity of your instructive and purifying paper: It is free from all such horrid things as lawyers advertisements! Ma, who has a great dislike for lawyers, says your paper is a precious blessing on this account." (Nevada Appeal)

Billionaire orgies in Vegas? (Australian Herald Sun) Allegations in a California court that Henry T. Nicholas III, founder of the microchip company Broadcom, gave ecstasy to unwitting business associates and hosted orgies in Vegas. Best part of the story: "In 2001, it is alleged, Mr Nicholas smoked so much marijuana during a private flight between Orange County and Las Vegas that the pilot had to put on an oxygen mask."

Term limit challenges continue, with a recent Supreme Court challenge to Clark Co. Commissioner Bruce Woodbury. (Review-Journal)

Morgan Lewis & Bockius, the law firm hired by the Department of Energy to handle Yucca Mountain licensing will remain on the job despite the protests of the state of Nevada. (Review-Journal)

Iraq war veteran Walter Laak was acquitted of murder charges Friday afternoon after a week long trial in which it was alleged that he shot and killed 19-year-old Juan Cordova during a confrontation at a friend's house. (Review-Journal)

Advocates of two proposed ballot petitions to cap revenue for the Las Vegas tourism authority and a third plan to restrict tax-raising ballot questions filed a court appeal Friday to revive the plans rejected by Secretary of State Ross Miller. (Las Vegas Now)

Nye County officials have filed criminal charges against the organization in charge of a former Pahrump cat sanctuary where hundreds of ailing cats were rescued last year. (Review-Journal)

Surgery has been banned at Shadow Mountain Surgical Center after state and federal health officials reinspected the eye and foot surgery center in May and turned up 32 deficiencies. The surgical center had initially been allowed to continue operating in March after two dozen violations were found based on promises from the center that procedures would change. (Review-Journal)

Doctors threatening Ed Bernstein?

Ed Bernstein of Ed Berstein & Assoc. [you know, the lawyer in that super annoying "doors closed in your face" commercial] apparently received a threatening email related to his representation of Plaintiffs in the Hep-C/Endoscopy/Dr. Needles civil case. Best part is, police tracked the email back to a doctor's email account.

The Las Vegas Sun reports (scroll down under the Aryan Warrior report):

Personal injury lawyer Ed Bernstein received a threat that attracted the attention of law enforcement early in his involvement in the massive litigation over the hepatitis outbreak.

Bernstein received an e-mail from someone using a phony name in March telling him to “watch his back” in the litigation. The writer told Bernstein, “We will be following the events closely, and we will certainly be keeping an eye on you and your associates.”

The e-mail concluded, “It would be quite the tragedy if you or someone you cared for ... were to be diagnosed with hepatitis C, wouldn’t it?” That sentence included
Bernstein’s home address, which naturally caused him some concern.

Bernstein turned the message over to Metro Police which, with the help of subpoenaed records, traced the e-mail to an account belonging to a doctor. Police
determined the e-mail originated at a computer in the physicians break room at
Southern Hills Hospital and Medical Center, Bernstein said. The doctor denied
creating the e-mail, and police have not filed charges in the case.

Wow. In this round of the eternal war between lawyers and doctors, doctors appear to have taken the d-bag title.

Judge Dawson discusses chaos of Schiff tax trial

As part of the Nevada Federal Courts Media Conference, U.S. District Judge Kent Dawson spoke and recounted "a few of the chilling incidents" that occurred during the 2005 trial of Las Vegas tax protester Irwin Schiff [pictured right].

The Review-Journal reports:

During the tax trial, Schiff and his allies used local radio airwaves to drum up support. That effort resulted in the courtroom sometimes being jammed with vocal loyalists of the self-styled tax protester, who eventually was convicted and sentenced in February 2006 to more than 13 years in prison. At one point, a Wyoming man was sentenced to 30 days for contempt to trying to verbally encourage jurors to acquit Schiff.

Around that time, strange things started happening around the courthouse. Court personnel had their tires punctured, and IRS agents found that acid had been splashed on their vehicles. At one point, Dawson's safety became enough of a concern that he and his wife started traveling with a U.S. marshal escort. The judge was even harassed at his place of worship.

Following the verdict, jurors in the case reported receiving harassing phone calls. A window was broken at the home of at least one juror.

Not exactly breaking news, but I thought the image of a protester appealing to the jury in open court is priceless.

Friday Roundup

A Kansas-City couple is suing ex-Crazy Horse Too owner Rick Rizzolo alleging that Rizzolo still owes them $10 million as part of his plea agreement and that Rizzolo is hiding millions. (Las Vegas Sun)

The man who shot up the Penthouse Club [who, amazingly, was not Pacman Jones] ran from the club and, when confronted by police, continued shooting. He injured one officer in the leg before being shot and killed by officers. (Review-Journal)

Yesterday, District Judge Valerie Adair sentenced the two men who tortured a 42-year-old man and then dumped his body in the desert. (Review-Journal)

OSHA is coming to City Center to inspect whether the project is obeying federal worker safety laws. (Review-Journal)

The Clark County District Attorney's office rejected a term-limit challenge to Assembly Speaker Barbara Buckley. (Review-Journal)

Since the owner of Harrah's has a 2.4 percent stake in the Celtics, Harrah's 13 casinos won't be allowed to take bets on the NBA Finals. (Las Vegas Now)

Former pastor and intoxicated contractor arrested for road rage. (Nevada Appeal)

Family Court Judge Nicholas Del Vecchio denied he sexually abused his step-daughter when she was a minor says he never sexually harassed her as an adult. He also explained that he never called a Hispanic bailiff a "lazy Mexican" or made sexually explicit comments about female court employees, lawyers and judges, but if he did, the comments "would have been said in jest, and in a joking manner". (Review-Journal)

The Southern Nevada Health District has opened an investigation into an Endoscopy Center-affiliated clinic, Desert Shadow Endoscopy Center at 4275 Burnham Ave., after a former patient was diagnosed with Hep-C. (Review-Journal) Meanwhile, inspections of Nevada's ambulatory surgery centers reveals many are still not following disease control policies. (Review-Journal)

Nevada Business Journal Announces List of Legal Elite

Nevada Business Journal has released its list of the Top Nevada Lawyers. The list was compiled from the polled opinions of members of The Nevada Bar who were asked to name the lawyers they hold in the highest regard, the best up-and-coming attorneys in the state, as well as two government attorneys.
And the results are in:

Top Attorneys
Bruce T. Beesley - Lewis & Roca (Bankruptcy & Workout)
Todd L. Brice - Brownstein Hyatt Farber Schreck (Commercial Litigation)
Kurt Bonds – Alverson, Taylor, Mortensen & Sanders (Business Law)
Anthony Cabot – Lewis & Roca (Government & Administrative)
Donald J. Campbell – Campbell and Williams (Civil Trial)
Laurel E. Davis – Fennemore Craig, P.C. (Bankruptcy & Workout)
Robert T. Eglet – Mainor Eglet Cottle (Civil Trial)
John Frankovich – McDonald Carano Wilson (Commercial Litigation)
Andrew Gordon - McDonald Carano Wilson (Commercial Litigation)
Michael D. Haight – Henness and Haight, Injury Attorneys (Personal Injury)
Israel “Ishi” Kunin - Kunin & Jones (Adoption, Marital & Family)
Charlie H. Luh – Luh & Associates (Insurance)
George F. Ogilvie – McDonald Carano Wilson (Commercial Litigation)
Nathan Reinmiller – Alverson, Taylor, Mortensen & Sanders (Insurance)
LeAnn Sanders – Alverson Taylor, Mortensen & Sanders (Civil Trial)
Frank A. Schreck – Brownstein Hyatt Farber Schreck (Government & Administrative)
Ellen L. Schulhofer – Brownstein Hyatt Farber Schreck (Business Law)
Ambrish S. Sidhu – Sidhu Law Firm (Bankruptcy & Workout)
Richard M. Trachok – Bruce & Trachok, P.C. (International Gaming & Regulatory Law)

Top Up and Coming Attorneys
Stephen Dixon – T. James Truman & Associates (Business Law)
Michael V. Infuso – Brownstein Hyatt Farber Schreck (Commercial Litigation)
Josephine Binetti McPeak – McDonald Carano Wilson (Commercial Litigation)
Michael Pagni – McDonald Carano Wilson (Real Estate Transactions)
Karie Wilson – Alverson Taylor, Mortensen & Sanders (Transportation Law)

Top Government Attorneys
Mark A. Clayton – Nevada Gaming Control Board
Mike Davidson – City Attorney for North Las Vegas
C.W. “Bill” Hoffman – Clark County School District
Carie Torrence – City Attorney for North Las Vegas
Robert T. Warhola – Clark Co. Deputy District Attorney

In Case you weren't keeping count, here's the list by firm:
McDonald Carano Wilson--3 Top Attorneys, 2 Up and Coming
Alverson Taylor, Mortensen & Sanders--3 Top Attorneys, 1 Up and Coming
Brownstein Hyatt Farber Schreck--3 Top Attorneys, 1 Up and Coming
Lewis & Roca--2 Top Attorneys
(and several others with 1 named associate or partner)

Congratulations to all the named top attorneys.