reasonable and competent inquiry (Nevada) · Go Syfert
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reasonable and competent inquiry in Nevada

8 Nevada opinions name it 1 courts 1993–2018 0 in the last five years

The cases below were cited by Nevada courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Bergmann v. Boycered
nev · 1993 · cited in 7 Nevada opinions naming this issue, 2005–2018
2 sentences

2018A claim is frivolous if it is "both baseless and made without a reasonable and competent inquiry." Bergmann v. Boyce, 109 Nev. 670, 676 , 856 P.2d 560, 564 (1993) (internal quotation marks omitted).

2018A claim is frivolous if it is "both baseless and made without a reasonable and competent inquiry." Bergmann v. Boyce, 109 Nev. 670, 676 , 856 P.2d 560, 564 (1993) (internal quotation marks omitted).

27
United States Ex Rel. Grynberg v. Praxair, Inc.green
ca10 · 2004 · cited in 2 Nevada opinions naming this issue, 2006–2006
2 sentences

2006Fine v. MK-Ferguson Co., 99 F.3d 1538 , 1548 (10th Cir.1996) (same). [37] NRCP 11 (amended 2004). [38] Jordan v. State, Dep't of Motor Vehicles, 121 Nev. ___ , ___ n. 16, 110 P.3d 30 , 41 n. 16 (2005) (internal quotations omitted) (noting that the second part of the definition of "frivolous," "`whether the attorney made a reasonable and competent inquiry,' is inapplicable to nonattorney litigants proceeding in proper person" (citing Bergmann, 109 Nev. at 676 , 856 P.2d at 564 )). [39] Cf. Grynberg, 389 F.3d at 1058-59 (noting that sufficient justification for an award of attorney fees as a san

2006Cf. Grynberg, 389 F.3d at 1058-59 (noting that sufficient justification for an award of attorney fees as a sanction does not include merely losing the case, but may include persisting with a suit in which a lack of merit has become apparent (citing Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421 (1978))).

22
Patrick Townsend v. Holman Consulting Corporationgreen
ca9 · 1991 · cited in 2 Nevada opinions naming this issue, 1993–2005
2 sentences

2005In Bergmann, we defined a “frivolous” claim under NRCP 11, when made by attorneys, as one that is “ ‘both baseless and made without a reasonable and competent inquiry.’” Id. (quoting Townsend v. Holman Consulting Corp., 929 F.2d 1358, 1362 (9th Cir. 1990)).

1993A frivolous claim is one that is “both baseless and made without a reasonable and competent inquiry.” Townsend v. Holman Consulting Corp., 929 F.2d 1358, 1362 (9th Cir. 1990); see Golden Eagle Distrib.

22
Christiansburg Garment Co. v. Equal Employment Opportunity Commissiongreen
scotus · 1978 · cited in 2 Nevada opinions naming this issue, 2006–2006
2 sentences

2006Fine v. MK-Ferguson Co., 99 F.3d 1538 , 1548 (10th Cir.1996) (same). [37] NRCP 11 (amended 2004). [38] Jordan v. State, Dep't of Motor Vehicles, 121 Nev. ___ , ___ n. 16, 110 P.3d 30 , 41 n. 16 (2005) (internal quotations omitted) (noting that the second part of the definition of "frivolous," "`whether the attorney made a reasonable and competent inquiry,' is inapplicable to nonattorney litigants proceeding in proper person" (citing Bergmann, 109 Nev. at 676 , 856 P.2d at 564 )). [39] Cf. Grynberg, 389 F.3d at 1058-59 (noting that sufficient justification for an award of attorney fees as a san

2006Fine v. MK-Ferguson Co., 99 F.3d 1538 , 1548 (10th Cir.1996) (same). [37] NRCP 11 (amended 2004). [38] Jordan v. State, Dep't of Motor Vehicles, 121 Nev. ___ , ___ n. 16, 110 P.3d 30 , 41 n. 16 (2005) (internal quotations omitted) (noting that the second part of the definition of "frivolous," "`whether the attorney made a reasonable and competent inquiry,' is inapplicable to nonattorney litigants proceeding in proper person" (citing Bergmann, 109 Nev. at 676 , 856 P.2d at 564 )). [39] Cf. Grynberg, 389 F.3d at 1058-59 (noting that sufficient justification for an award of attorney fees as a san

12
McKay v. Board of Sup'rs of Carson Citygreen
nev · 1986 · cited in 1 Nevada opinions naming this issue, 2006–2006
2 sentences

2006Fine v. MK-Ferguson Co., 99 F.3d 1538 , 1548 (10th Cir.1996) (same). [37] NRCP 11 (amended 2004). [38] Jordan v. State, Dep't of Motor Vehicles, 121 Nev. ___ , ___ n. 16, 110 P.3d 30 , 41 n. 16 (2005) (internal quotations omitted) (noting that the second part of the definition of "frivolous," "`whether the attorney made a reasonable and competent inquiry,' is inapplicable to nonattorney litigants proceeding in proper person" (citing Bergmann, 109 Nev. at 676 , 856 P.2d at 564 )). [39] Cf. Grynberg, 389 F.3d at 1058-59 (noting that sufficient justification for an award of attorney fees as a san

2006Fine v. MK-Ferguson Co., 99 F.3d 1538 , 1548 (10th Cir.1996) (same). [37] NRCP 11 (amended 2004). [38] Jordan v. State, Dep't of Motor Vehicles, 121 Nev. ___ , ___ n. 16, 110 P.3d 30 , 41 n. 16 (2005) (internal quotations omitted) (noting that the second part of the definition of "frivolous," "`whether the attorney made a reasonable and competent inquiry,' is inapplicable to nonattorney litigants proceeding in proper person" (citing Bergmann, 109 Nev. at 676 , 856 P.2d at 564 )). [39] Cf. Grynberg, 389 F.3d at 1058-59 (noting that sufficient justification for an award of attorney fees as a san

11
Golden Eagle Distributing Corporation v. Burroughs Corporation, and Kirkland & Ellisgreen
ca9 · 1986 · cited in 1 Nevada opinions naming this issue, 1993–1993
2 sentences

1993Corp. v. Burroughs Corp., 801 F.2d 1531, 1537 (9th Cir. 1986).

1993Thus, a determination of whether a claim is frivolous involves a two-pronged analysis: (1) the court must determine whether the pleading is “well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law” (see Golden Eagle, 801 F.2d at 1537 ); and (2) whether the attorney made a reasonable and competent inquiry.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Nevada. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Jordan v. State Ex Rel. Department of Motor Vehicles & Public Safety green
nev · 2005
2 sentences

2006Jordan v. State, Dep’t of Motor Vehicles, 121 Nev. 44 , 58 n.16, 110 P.3d 30 , 41 n.16 (2005) (internal quotations omitted) (noting that the second part of the definition of “frivolous,” “ ‘whether the attorney made a reasonable and competent inquiry,’ is inapplicable to nonattorney litigants proceeding in proper person” (citing Bergmann, 109 Nev. at 676 , 856 P.2d at 564 )).

2006Jordan v. State, Dep’t of Motor Vehicles, 121 Nev. 44 , 58 n.16, 110 P.3d 30 , 41 n.16 (2005) (internal quotations omitted) (noting that the second part of the definition of “frivolous,” “ ‘whether the attorney made a reasonable and competent inquiry,’ is inapplicable to nonattorney litigants proceeding in proper person” (citing Bergmann, 109 Nev. at 676 , 856 P.2d at 564 )).

22006–2006
United States v. Mk-Ferguson Company green
ca10 · 1996
1 sentence

2006Fine v. MK-Ferguson Co., 99 F.3d 1538 , 1548 (10th Cir.1996) (same). [37] NRCP 11 (amended 2004). [38] Jordan v. State, Dep't of Motor Vehicles, 121 Nev. ___ , ___ n. 16, 110 P.3d 30 , 41 n. 16 (2005) (internal quotations omitted) (noting that the second part of the definition of "frivolous," "`whether the attorney made a reasonable and competent inquiry,' is inapplicable to nonattorney litigants proceeding in proper person" (citing Bergmann, 109 Nev. at 676 , 856 P.2d at 564 )). [39] Cf. Grynberg, 389 F.3d at 1058-59 (noting that sufficient justification for an award of attorney fees as a san

12006–2006

Statutes the citing opinions construe

NV § Nev. Rev. Stat. § 18.010 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NV 8 (1993–2018) WA 2 (2007–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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