Nevada Laws Newsletter

Spring/Fall 2008

MALIK W. AHMAD, ESQ

ATTORNEY AT LAW

(702) 270-9100

How foreign Judgment Can Be Enforced?

In the Conflict of Laws, issues relevant to the enforcement of foreign judgments are frequently regulated by bilateral treaty or multilateral international convention to facilitate the reciprocal recognition and enforcement of judgments between states. This area of judicial process is growing in importance.

WILL?

In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his or her property or family after death. In the strictest sense, "will" is a general term; while "testament" applies only to dispositions of personal property (this distinction is seldom observed).

Requirements for the Creation of a Will?

Any person over the age of majority can draft their own will without the aid of an attorney. Additional requirements may vary, depending on the jurisdiction, but every will must contain the following:

The testator must clearly identify himself as the maker of the will, and that a will is being made; this is commonly called "publication" of the will, and is typically satisfied by the words "last will and testament" on the face of the document.

The testator must declare that he revokes all previously-made. The testator must clearly identify himself as the maker of the will, and that a will is being made; this is commonly called "publication" of the will, and is typically satisfied by the words "last will and testament" on the face of the document.

                The testator must declare that he revokes all previously-made wills. The testator must clearly identify himself as the maker of the will, and that a will is being made; this is commonly called "publication" of the will, and is typically satisfied by the words "last will and testament" on the face of the document.

                The testator must sign and date the will, usually in the presence of at least two disinterested witnesses (persons who are not beneficiaries). The testator's signature must be placed at the end of the will.

After the testator has died, a probate proceeding may be initiated in court to determine the validity of the will, i.e., whether it satisfied the legal requirements, and to appoint an executor. If the will is ruled invalid in probate, then inheritance will occur under the laws of intestacy as if a will were never drafted.

There is no legal requirement that a will be drawn up by a lawyer, although there are pitfalls into which home-made wills can fall. The person who makes a will is not available to explain him or herself, or to correct any technical deficiency or error in expression, when it comes into effect on that person's death, and so there is little room for mistake. In community property jurisdictions, a will cannot be used to disinherit a surviving spouse, who is entitled to at least a portion of the testator's estate.

Methods and Effect

The intentional physical destruction of a will by the testator will revoke it. This could be accomplished by the testator deliberately burning or tearing the physical document itself, or even by striking out the signature. A testator may also be able to revoke by the physical act of another (as would be necessary if he is physically incapacitated), if this is done in his presence and in the presence of witnesses.

Terminology Used in Wills

Bequest: A gift in the form of personal property.

Codicil: An amendment to a will.

Devise: Special gift of real property in a will.

Devisee: A person who receives a devise.

Legacy: A gift of real property or personal property.

Legatee: A person who receives a legacy.

Demonstrative Legacy: A gift of a specific item of tangible or intangible personal property, such as a bank account, shares of stock, a bond, etc.

To die testate: Means having created a will before death. A person who has not created a will prior to death is said to be intestate.

Testator: A person who executes a will; that is, the person whose will it is.

Executor: Personal representative [PR] is the person designated to administer the estate, generally subject to the supervision of the probate court, in accordance with the testator's wishes in the will.

CRIMINAL LAWS

What is an Assault?

Assault is typically treated as a misdemeanor and not as a felony (unless it involves a law enforcement officer). The more serious crime of aggravated assault is treated as a felony.

Four elements were required at common law:

1. The apparent, present ability to carry out;
2. An unlawful attempt;
3. To commit a violent injury;
4. Upon another.

Simple assault can be distinguished without the intent of injury upon another person. Simple assault can consist simply of the violation of ones personal space or touching in a way the victim deemed inappropriate. (I.e. ones personal space consists of arms reach.)

Modern American statutes define assault as:

1. an attempt to cause or purposely, knowingly, or recklessly causing bodily injury to another; or,
2. Negligently causing bodily injury to another with a deadly weapon.

Some states also define assault as an attempt to menace (or actual menacing) by placing another person in fear of imminent serious bodily injury.

In some states, consent is a complete defense to assault, with the result that the misdemeanor is treated as a petty misdemeanor.

Some possible examples of defenses, mitigating circumstances, or failures of proof are:

A defendant could argue that since he was drunk, he could not form the specific intent to commit assault. This defense would most likely fail since only involuntary intoxication is accepted as a defense in most American jurisdictions.

A defendant could also argue that he was engaged in mutually consensual behavior.

Aggravated Assault

Aggravated assault is, in some jurisdictions, a stronger form of assault, usually using a deadly weapon.^[1] A person has committed an aggravated assault when that person:

Attempts to cause serious bodily injury to another person; or causes such injury purposely, knowingly, or recklessly in circumstances where the person has exhibited indifference to human life; or attempts or causes bodily injury to another person with a deadly weapon.

Aggravated Assault is usually differentiated from simple assault by the offender's intent (i.e., to murder, to rape etc.), the extent of the injury to the victim, or the use of a deadly weapon.

Defenses that may apply to all levels of assault:

Consent may be a complete or partial defense to assault.

Police officers and court officials have a general power to use force for the purpose of affecting an arrest or generally carrying out their official duties. Thus, a court officer taking possession of goods under a court order may use force if reasonably necessary.

Prevention of crime

This may or may not involve self defense in that, using a reasonable degree of force to prevent another from committing a crime could involve preventing an assault, but it could be preventing a crime not involving the use of personal violence.

Defense of Property

Some states allow force to be used in defense of property, to prevent damage to the property.

At common law, simple battery is a misdemeanor and the elements of the offense are:

• -An unlawful application of force;
• -To the person of another;
• -Resulting in either bodily injury or an offensive -touching.

The prosecutor must prove each element beyond a reasonable doubt. Under modern statutory schemes, battery is often broken down into gradations for the purposes of determining the severity of punishment.

Distinction between Battery and Assault

The overt behavior of an assault might be A advancing upon B by chasing after him and swinging a fist at his head, while that of any of battery might be A actually striking B.

Federal Labor Laws:

Fair Labor Standards Act (FLSA):  (29 USC 201)

This law is also known as "Wage/Hour" law, as it is enforced by the Wage & Hour Division of the U.S. Department of Labor (DOL). The FLSA has four main components: minimum wage requirements, overtime requirements, child labor regulations, and equal pay provisions.

The minimum wage rules apply to any employee of any company who produces goods for interstate commerce or engages in duties affecting interstate commerce during any workweek.   Overtime rules require pay at 1.5 times the hourly rate of the employee for all hours worked over 40 in any workweek, unless the employee

Title VII (Discrimination): (42 USC 2000e)

Covers all companies with 15 or more employees. Title VII prohibits discrimination due to race, color, religion, sex (gender), and national origin in hiring, employment (all terms, conditions and benefits), and termination. Prohibits discrimination due to pregnancy and requires that pregnancy be treated the same as any other non-work-related disability. One of the key provisions is prohibition of sexual or racial/religious/ethnic harassment by supervisors, coworkers or even by third parties. Companies usually are strictly liable for discrimination by supervisors which results in tangible loss of job benefits.   Another key provision is prohibition of unintentional discrimination by use of requirements which have an adverse effect (disparate impact) on protected groups, such as use of educational requirements, tests or lifting restrictions which exclude disproportionate numbers of certain protected groups, unless the employer can prove that the requirements are job-related and that the use of these standards is required by business necessity.

Enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and by state agencies in states which have comparable civil rights laws.

Damages include back pay, reinstatement or front pay (similar to Title VII), attorney fees, and possible liquidated damages equal to the actual damages (only for willful violations).

Equal Pay Act (EPA): (29 USC 206(d)

Prohibits discrimination due to sex in the payment of wages, by barring payment of a lower wage to one sex than to the opposite sex for jobs of equal skill, effort and responsibility which are performed under similar working conditions.

A company CANNOT justify lower pay to a woman employee who is doing identical work to a male employee, simply because she did not bargain as well.

1866 Civil Rights Act: (42 USC 1981)

Provides that all persons shall have the same right as white citizens to make and enforce contracts, and to have equal treatment under the laws of each state.

U.S. Supreme Court has held that this law applies to employment discrimination against minority group members, as well as members of various ethnic groups, but it does not apply to women.

Family & Medical Leave Act (FMLA): (29 USC 2601)

Applies to companies with 50 or more employees, at all facilities which have 50 or more employees in 75-mile radius of location where employee worked.

Allows up to 12 weeks of unpaid leave when employee or covered family member has serious health condition which requires medical care or treatment and physician certifies that leave of employee is necessary.

Damages awardable include back pay, reinstatement, and possible liquidated damages equal to the actual damages, as well as an award of attorney fees.

Americans with Disabilities Act (ADA): (42 USC 12101)

Applies to companies with 15 or more employees.

Prohibits employment discrimination against individuals with a serious disability (or who have a past history of a serious condition, such as cancer) if they can perform the essential functions of the job with no special accommodations, or if they can perform such functions with special accommodations which are "reasonable" based upon the size of the company; the nature of the job; and the costs of the accommodations.

ADA - Public Accommodation Provisions: (42 USC 12181)

The ADA also contains many provisions which require architectural modifications of buildings (including restrooms, elevators, walkways, etc.) in various circumstances. These modifications also may impact disabled employees, and companies need to be alert to the possible requirement to modify facilities (especially when remodeling work is being done).  

National Labor Relations Act (NLRA): (29 USC 151)

Prohibits employers in any industry affecting interstate commerce (i.e., virtually all businesses) from discriminating against employees who choose to engage in (or to decline to engage in) any union-related activities.

Occupational Safety & Health Act (OSHA)

Applies to any employer engaged in a business which affects interstate commerce, and imposes general duty to maintain safe place to work and to comply with OSHA regs issued by the Labor Department.

Failure to comply with OSHA regs and standards can lead to serious fines.  In addition, OSHA protects employees who report safety hazards; participate in OSHA proceedings, or who attempt to exercise their rights under the Act (such as refusing to operate defective equipment or machinery in situations where a high risk of severe injury or death are present).  

Makes it unlawful for any person or entity to employ any individual with knowledge that the individual is not authorized to work in the US, as well as to continue to employ an individual if the employer subsequently discovers that the individual is an illegal alien.

If employer has required the alien to fill out the necessary paperwork (I-9), and has obtained the required documentation, then the employer usually is entitled to a presumption that no intentional violation existed. Copies of the forms must be retained for three years (and it is advisable to also retain a copy of the documentation reviewed, in order to prove that the documents were produced and reviewed).

Penalties for employing an illegal alien without first filling out the proper I-9 paperwork include fines of up to $2,000 per alien for the first offense, and up to $10,000 per alien for further offenses.  Simple paperwork problems (such as employing a known individual who is not an alien without filling out the paperwork) involve fines of up to $1000 for each instance of failure to obtain the proper paperwork (although, for first offenses by small businesses, fines may be substantially reduced). Criminal penalties also may be imposed in flagrant violations, including up to 6 months in prison.  

Health Maintenance Organization Act (HMO)

Requires employers with 25 or more employees who are already providing health insurance benefits (contributory or non-contributory) to offer an alternative HMO option to employees, if a qualified HMO is available in the area where at least 25 of the employees live.

Employee Retirement Income Security Act (ERISA): (29 USC 1001)

ERISA is a complex and lengthy statute, which creates certain rules with respect to retirement plans and other benefit plans. There are a number of areas covered by ERISA.

First, ERISA places certain duties and responsibilities on plan sponsors and plan administrators to act in prudent manners to safeguard the assets for plan participants, and to treat plan members fairly. Various types of self-dealing are prohibited, and various requirements are imposed for filing reports with the government with respect to the plan.

 Secondly, ERISA places duties on plan sponsors and administrators to advise employees of their rights under the plans (including the obligation to periodically provide the employees with summary plan descriptions (SPDs) of the basic provisions of the plan); to timely provide information requested by employees with respect to their rights under the plan; and to establish procedures to allow employees to obtain review of disputes concerning the operation of the plan or payment of benefits under the plan.

Thirdly, ERISA establishes certain minimum requirements for retirement plans, including minimum funding requirements.

Other requirements include provisions, regarding which employees must be allowed to participate in the plan, as well as when they must become eligible; setting limits on the time before rights will vest under the plan.

Applies to any company (or insurance carrier) which provides group health insurance to 2 or more current employees (including self-insured plans), and also has some provisions which apply to individual policies.

Electronic Communications Privacy Act (ECPA): (18 USC 2510)

Makes it unlawful for any employer to use any type of electronic or mechanical device to intercept the conversations of employees, except where the employee has no reasonable expectation of privacy or one party to the conversation has consented to the interception of the communication (or where a court order requiring the employer to permit wiretapping has been obtained by appropriate law enforcement personnel as a part of a criminal investigation

PERSONAL INJURY LAW IN NEVADA

An Overview

When someone is physically or emotionally injured, or their personal property is damaged, it is considered in law to be a “Personal Injury”. The laws covering personal injury in Nevada allow the injured party to receive compensation for damages caused by someone else’s carelessness, negligence, recklessness, or intentional actions.

Essential Elements

Personal Injury actions have three elements: there must be a legal duty between the defendant (the one doing the wrong) and the plaintiff (the person injured); there must be a breach of that duty; and, damage must occur because of that breach. When all three elements take place, a personal injury, or tort, has occurred.

Liability

The law of the State of Nevada places a duty on all citizens not to harm others. This means that not only people, but their possessions also, should be safe from harm. Whenever someone else harms you or something that belongs to you, they become liable to answer to the tort laws governing the situation. Liability can be caused by intentional acts, torts, or by negligence. An intentional act is one designed to cause harm or injury. A negligent act occurs when someone fails to take appropriate action and you are harmed as a result of that failure. In both cases, the defendants owe a duty not to injure a person or his property, because the laws and society create that duty. When the duty is breached by the intentional or negligent actions of the defendant, it results in damage to one’s person or property.

In most personal injury cases, the victim must have suffered some sort of physical, mental, or financial harm to have a strong claim for damages.

Strict Liability

Strict liability means that there is responsibility whether or not negligence was involved. This is usually applied to situations which are in themselves abnormally or inherently dangerous.

Damages

When a person is injured by another, the law provides a means of seeking compensation, known as damages, for those injuries and the detrimental effects they have caused in the victim's life. “Damages” is the term for whatever is owed to one to compensate you for his loss. The types of damages that can be awarded are compensatory, punitive, or nominal depending on the merits of the case.

Damages can be agreed upon through insurance settlements, or by other means. But often the damages offered may not fully compensate for the loss suffered. This is especially true if as a result of the physical injury suffered, the victim has not been able to work. Personal injury law is the mechanism for determining who is in the wrong, or in other words, who is “liable”, and what the liable person should have to pay for the damage caused.

Points to remember

A victim of personal injury can do several things to help himself. First of all, proper medical attention should be sought and the issue should be followed up with the proper authorities and the insurance company. If there are reasons to believe that the injury was caused by the carelessness or intentional act of another, an attorney should be contacted to discuss this and should avoid discussing the matter with strangers and/or insurance representatives who are not from your own insurance company. The victim should co-operate with the police, treating physicians, and the insurance company. Most personal injury cases are covered by a statute of limitations, which means that you only have a certain period of time to file a lawsuit.

In a personal injury case, a judge or jury may find the defendant liable for several types of damages for varying amounts of money. For example, medical bills, lost earnings or property damage may be part of the damages picture. The plaintiff may also experience significant and continuous pain and suffering due to his or her injury. All of these factors are considered significant under Nevada Personal Injury Law, which seeks as much as possible to return the victim to the state of living he or she enjoyed prior to the injury.

Steps That Advocates Can Take To Help Prevent Foreclosure

Foreclosure or the threat of foreclosure can be devastating for seniors.  Older homeowners fall behind on their mortgages for many reasons: sudden decreases in income due to the loss of a spouse; poor financial management which contributes to nonpayment of utility bills, service shutoffs and liens against the property; failure to perform necessary repairs and maintenance which makes the property uninhabitable; second mortgage or scams which make impossible demands on the homeowner’s limited resources. All of these contributing factors can be addressed by skilled advocates--if homeowners turn to them in time.

How Foreclosures Work

Foreclosure procedures vary from state to state. The procedures are established by state statutes, by case law, and by local practice. In about half of the states, foreclosures are court proceedings. First the creditor files a suit in a court located near the property. Unless the homeowner files an answer successfully contesting the foreclosure, a judgment is entered for the creditor. The home is then sold under court supervision.

Other states have “non-judicial” foreclosures. Creditors foreclose by simply advertising the home for sale, using a legal notice in a newspaper. If homeowners want to contest this type of foreclosure, they must file a lawsuit and ask the court to stop the sale. Sometimes if the homeowner wants the court to stop the foreclosure, the homeowner must file a bond to protect the creditor. Unless the homeowner initiates a court proceeding, there is no judicial involvement in such a foreclosure.

Consumer Strategies When Foreclosure Is Threatened

When a homeowner first becomes worried about meeting mortgage payments, advocates can recommend that a series of steps be taken to reduce the risk of foreclosure: Get Legal Advice.  Because foreclosure is a harsh legal process, homeowners threatened with foreclosure should immediately obtain legal help. Possible sources of legal help are the neighborhood legal services office, a bar association panel of pro bono attorneys, or a program providing legal assistance for the elderly.

Keep Current on Home Payments.

The homeowner should not pay credit card debts, doctor bills or other low priority debts ahead of home mortgage payments. Skipping payments on low priority debts for several months may have few bad consequences. Skipping one or two home mortgage payments may subject the homeowner to loss of the home.

Apply for Income Maintenance, Tax Abatement and Public Assistance Programs. 

Benefits provided by government and non-profit agencies are a key source of assistance for individuals in financial distress. These resources can help older homeowners free their income for home payments.  Most municipalities also offer property tax abatements for reasons of age or hardship.

Negotiate with the Mortgage Company or Servicer.

It may be useful to ask the mortgage company to agree to a temporary or permanent change in the mortgage terms, commonly called a “workout.” More and more creditors are realizing that foreclosure is a losing proposition for the lender, and that they are better off keeping the consumer in the home making whatever payments the household can afford. It is important to contact the lender early, as soon as the homeowner begins experiencing financial difficulties. Although consumers may attempt to arrange a workout on their own, it is best if they are assisted by an experienced attorney or mortgage counselor.  If the loan is guaranteed by a federal or state funded agency, the lender may be required to provide certain assistance and options to the homeowner to try to avoid foreclosure.

Some workouts that lenders may accept include:

Payment arrangements including “forbearance,” “reinstatement,” or “deferral” agreements.  These involve curing a default by making regular payments as they are due and making partial payments on the arrears.

Temporary Interest Rate Reduction.

Generally this will also require a reasonable plan to increase income to make future payments.

Recasting missed payments. This usually involves deferring the missed payments to the end of the loan.

-Permanent interest rate reduction.

-Extension of the loan period.

-Reamortization/capitalization of arrears.

-Reduction of the principal balance.

Refinance the Home Debt.

If the homeowner has equity in the home, refinancing may allow the homeowner to avoid foreclosure. A refinance called a “reverse mortgage” may be especially useful for seniors.  Such a reverse mortgage may reduce or eliminate the need for a senior to make a monthly mortgage payment.  Advocates should keep in mind, however, that many refinancing schemes are frauds. Even legitimate refinancing options that look like an improvement on closer inspection are far more costly than the existing mortgage. The major disadvantages to refinancing residential debts are the increased finance charges that result from extending the repayment period, the possibility of having to pay points, the additional closing costs, and prepayment penalties on old mortgages. The feasibility of refinancing depends on whether the homeowner can obtain a loan at a reasonable rate, usually from a savings bank, a commercial bank, a credit union, or a legitimate mortgage company.

Most homeowners do not want to give up their homes, but sometimes no other solution exists. Selling the house may be painful, but it is always a better solution than letting a bank sell the house. If they find a buyer, homeowners may sell their home privately before a foreclosure sale takes place.

Consider Filing Bankruptcy.

Homeowners who are about to lose their homes should carefully consider filing a petition in bankruptcy. This can stop the foreclosure process and allow them time to regroup and try to work out a plan to keep the home. Bankruptcy may also help them cure past defaults and make future payments. However, the bankruptcy option is complicated and it is a good idea to seek professional assistance from an attorney specializing in bankruptcy.  Bankruptcy law requires almost all debtors to receive budget and credit counseling within 180 days before the bankruptcy case is filed. 

Deed in Lieu of Foreclosure. 

 Homeowners often will be tempted to turn over their deed to the creditor instead of fighting the foreclosure. This is generally a good idea only if the borrower will receive something from the creditor in return for saving it the trouble of foreclosing. Fore example, if the home’s value exceeds the amount of the indebtedness, the homeowner may want to ask the creditor to agree not to seek further collection remedies. Some lenders will even agree to pay a small amount of cash for a deed in lieu in order to help the homeowner move. However, by turning over the deed to the mortgage holder, the consumer may forfeit any right to equity in the home.

What is Defamation?

It isthe communication of a statement that makes a false claim, expressively stated or implied to be factual, that may harm the reputation of an individual, business, product, group, government or nation. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism. Related to defamation is public disclosure of private facts arises where one person reveals information which is not of public concern, and the release of which would offend a reasonable person.

False light laws are "intended primarily to protect the plaintiff's mental or emotional well-being". If a publication of information is false, then a tort of defamation might have occurred. If that communication is not technically false but is still misleading then a tort of false light might have occurred

Slander and libel

The common law origins of defamation lie in the torts of slander (harmful statement in a transitory form, especially speech) and (harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast), each of which gives a common law right of action.

"Defamation" is the general term used internationally, and is used in this article where it is not necessary to distinguish between "slander" and "libel". Libel and slander both require publication. The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures and the like, then this is slander. If it is published in more durable form, for example in written words, film, compact disc (CD), DVD, blogging and the like, then it is considered libel.

Defenses:

Even if a statement is derogatory, there are circumstances in which such statements are permissible in law.

Truth: In many legal systems, adverse public statements about legal citizens presented as fact must be proven false to be defamatory or slanderous/libel. Proving adverse, public character statements to be true is often the best defense against a prosecution for libel and/or defamation. Statements of opinion that cannot be proven true or false will likely need to apply some other kind of defense. The use of the defense of justification has dangers, however; if the defendant libels the plaintiff and then runs the defense of truth and fails, he may be said to have aggravated the harm.

Difference Between Fact and Opinion: Statements made as "facts" are frequently actionable defamation. Statements of opinion or pure opinion are not actionable. One of the major tests to distinguish whether a statement is fact or opinion is whether the statement can be proved true or false in a court of law. If the statement can be proved true or false, then, on that basis, the case will be heard by a jury to determine whether it is true or false.

Privilege and malice

Privilege provides a complete bar and answer to a defamation suit, though conditions may have to be met before this protection is granted.

There are two types of privilege in the common law tradition:

"Absolute privilege" has the effect that a statement cannot be sued on as defamatory, even if it were made maliciously; a typical example is evidence given in court (although this may give rise to different claims, such as an action for malicious prosecution or perjury) or statements made in a session of the legislature (known as 'Parliamentary privilege' in Commonwealth countries).

"Qualified privilege" may be available to the journalist as a defense in circumstances where it is considered important that the facts be known in the public interest; an example would be public meetings, local government documents, and information relating to public bodies such as the police and fire departments.

Other Defenses

Defenses to claims of defamation include:

Truth is an absolute defense in the United States. In some other countries it is also necessary to show a benefit to the public good in having the information brought to light.

Statements made in a good faith and reasonable belief that they were true are generally treated the same as true statements; however, the court may inquire into the reasonableness of the belief.

Privilege: A defense when witness testimony, attorneys' arguments, and judges' decisions, rulings, and statements made in court, or statements by legislators on the floor of the legislature, or statements made by a person to their spouse, are the cause for the claim. These statements are said to be privileged and cannot be cause for a defamation claim.

Opinion: A defense recognized in nearly every jurisdiction. If the allegedly defamatory assertion is an expression of opinion rather than a statement of fact, defamation claims usually cannot be brought because opinions are inherently not falsifiable. However, some jurisdictions decline to recognize any legal distinction between fact and opinion.

Fair comment on a matter of public interest, statements made with an honest belief in their truth on a matter of public interest (official acts) are defenses to a defamation claim, even if such arguments are logically unsound; if a reasonable person could honestly entertain such an opinion, the statement is protected.

Consent: An uncommon defense and makes the claim that the claimant consented to the dissemination of the statement.

Under United States law, libel generally requires five key elements. The plaintiff must prove that the information was published, the plaintiff was directly or indirectly identified, the remarks were defamatory towards the plaintiff's reputation, the published information is false, and that the defendant is at fault.

Defamation and freedom of speech

Defamation laws may come into tension with freedom of speech, leading to censorship or chilling effects where publishers fear lawsuits or loss of reputation where individuals have no effective protection against reckless or unfounded allegations.

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• Licensed in Supreme Court of Nevada

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Malik W. Ahmad, Esq.

Attorney at Law

Phone: (702) 270-9100  Fax: (702) 384-5900

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How Attorney Malik W. Ahmad

Can Help You?

Traffic Tickets: We can eliminate your traffic tickets, and get it changed to parking tickets without any additional points on your record. The additional points on your record can increase in your insurance premiums, which can be substantial. The court may still fine but not the original substantial amount. You do not have to appear in court, we would appear for you. An appearance in court and waiting in line can cost one day absence leave which can be substantial. To represent you in traffic tickets one may need at least three days to go to court.