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October 14, 2007

Nevada Supreme Court Issues Decision of First Impression

In Horton v. 8th District Court, __ P.3d __ (Nev. 2007). The statute at issue required reasonable notice be provided to the defendant of the nature of defects in construction litigation. NRS 40.645. The court was unanimous; what I think is interesting is the amount of time spent analyzing even statements made during committee hearings in reaching its conclusion.

I personally think I'd rather have a judge make the determination of what even "clear" words mean by examining the entire record and explaining the conclusion in detail, rather than telling me the words are "clear" to them, and so nothing else matters besides that judge's conclusion that the words mean what she says they do. This case appears to show that principle in action - not stopping with a declaratory sentence of clear meaning, but looking at the whole record.

October 14, 2007 in Current Affairs | Permalink

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Comments

Now how much more interesting it would have been to have an impression of a first decision . . .

Posted by: Daniel Messing | Dec 16, 2007 3:02:35 PM

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