Thursday, November 18, 2010

Always Name the Rent-A-Cop

Our Supremes reinstated a legal malpractice suit against Las Vegas attorney Dennis Myron Leavitt filed by a woman who accused him of professional negligence. The Court found that Judge Miley erred by finding the disgruntled client failed to file her claim within the two-year statute of limitations.

From the LV Sun:
Hall says in April 2005 she and her boyfriend were in the laundry room at the Casa Rosa apartments when a security guard entered, pulled a gun, cocked the pistol, yelled multiple profanities at the couple and threatened to kill them.

The security guard, employed by Security One, was arrested, says Hall, who alleges she was traumatized and forced to undergo extensive psychological treatment.
Leavitt apparently forgot to name the security guard personally as a defendant. Whoops.

33 comments:

Anonymous said...

Was it Paul Blart?

Anonymous said...

Other than the arbitrator's (in my view wrong) opinion, why is that a whoops? I'm assuming the plaintiff claimed negligent hiring, training, supervision, and retention, so why would the failure to name the probably judgment-proof guard make a difference? And because the tort/negligence claims are based on different theories of liability, R. 19 shouldn't have forced the dismissal. What am I missing?

Anonymous said...

I agree with 9:13. Unless the guard won the lottery or something, this seems like a no-harm no-foul situation.

Anonymous said...

It's 10:00 am and I haven't billed one fraction of an hour!

Anonymous said...

Is anyone surprised Miley got overturned? Shes an out and out idiot.

Anonymous said...

BREAKING NEWS: JUDGE REVERSED IN UNPUBLISHED OPINION

Anonymous said...

sorry wild wild...but this is a boring week in legal news. at least the Quon story perked my interest for 30 seconds

word verification: Porka

Anonymous said...

I have to agree. If dumb was money, she'd be Bill Gates.

She boasts an impressive rack, however. Anyone know for sure if she had them done?

Anonymous said...

This isn't the first time Miley was overturned. She is as dumb as they come.

Yes, her rack isn't real (like her hair) and she just had another kid-lin (Oh god help us!)

She can't handle the husband or the two kids she has - but she goes ahead and has another one. Maybe she will step down - we all know those kids and WE all need that.

Anonymous said...

Did she have a boy or a girl?

A little Randy or a little Stephie?

Anonymous said...

Sure, I did 'em last week!

Hooo-ah!!!

Anonymous said...

So, Miley, implants or real knockers?

Anonymous said...

How about some discussion of Judge Markell wielding the iron hand of pickpocketing and hitting David Winterton for over $100,000 in sanctions just for filing a bankruptcy in reliance upon co-counsel (who of course was sanctioned nothing).

Anonymous said...

2:45 PM - whoa, when did that happen. Link to the decision.

Anonymous said...

3:19,

Google can be your friend.

The ABA Journal posted the opinion.

Anonymous said...

A more interesting reversal for the day was Las Vegas Sands.

Anonymous said...

@343, nice link fail. Way to make yourself look like a douche. A BREAKING NEWS post should be accompanied by a link in the first place.

Anonymous said...

http://www.abajournal.com/files/BluePine.pdf

Anonymous said...

@ 2:45, did you READ the opinion? Seems like a clean kill to me.

Anonymous said...

@3:56,

3:43 here. I am not 2:45, so I didn't break the news here. But for the record, I googled it.

Anonymous said...

What was the Las Vegas Sands reversal?

Anonymous said...

Markell did a fine job explaining why he the sanction was appropriate. I wonder what Winterton's real motivation was? He's no genius, but he's not a complete moron.

Anonymous said...

I didn't think it possible, but this interview I found while googling the Markell opinion makes me love the guy all the more. What a cool guy. Bruce!

Anonymous said...

Markell needs some EX-Lax. Dude is too backed up and angry. Take a valium. Get a hummer from BK Hottie. Chill.

Word Verification: Markell is a douche

Anonymous said...

8:43 PM - David, I think it's you who needs an Ex-lax. Mix it with some E for a nice chill. Maybe toss in some Viagra and drill the BK hottie yourself.

Anonymous said...

Remember when Legally Unbound used to go off on how corrupt Markell is?

I miss that guy.

Anonymous said...

David Winterton, is an awesome attorney. He represents the judicial system with knowledge of the N.R.S. The problem here is Judge Markell's ruling of sanctions. Big Mistake, by a person who was appointed to the bench and didn't review the documents. I believe an appeal is in process. Markell will wish for a reconsideration.

Anonymous said...

"He represents the judicial system with knowledge of the N.R.S."

That is the funniest compliment I have ever heard. I'm not saying Mr. Winterton doesn't have the statutes memorized, but I'm not even sure the comment makes sense. Does knowledge of "the N.R.S." make someone not file fraudulent bankruptcies?

Either way, I think Markell was kind of a dick and should have sanctioned the client - if the client made the false representation that it had authority to bk itself.

Anonymous said...

12:31 AM - He might have been awesome at some distant point in the past. Time can allow wisdom to take hold and flourish; or it can wither away stamina, commonsense and knowledge. The opinion suggests the latter.

Anonymous said...

Winterton is lucky to be American. In China they would have sent him to a Nike camp to make sneakers.

Anonymous said...

Miley is an idiot. I heard she didnt even name her third child because he was a boy. SHe wanted a girl and is depresssed!. She needs to be off the bench as a judge. She can't even handle her own family life.

Anonymous said...

On the Markell-Winterton-Pine $105K in sanctions for filing an unauthorized bankruptcy case for a company, although I am usually a huge fan of Markell, I thought it was a little harsh too. Anyone who has ever had a case against Winterton knows that he is a nice guy, but has a tendency to be very sloppy--as if pleadings are purely dictated and never edited--and that he has no qualms about taking what I would consider somewhat shaky debtor cases. Markell is a very solid and thoughtful judge (I enjoy watching him dress down some of the ass clowns that seem to have infected the bankruptcy bar since it became a hot practice area given the economy), and the facts of that specific case may have screamed for some sanction, but it sure seems like the amount of that award is way too high. If the other side really spent that much to knock the case out then they way overlawyered it in my humble opinion.

Anonymous said...

Good lord, people. The Mileys are trying to keep their family together and they had another child. So what? I'm sure none of you are perfect. Glass houses anyone?