Administrative Deference in Judicial Review Cases
June 1, 2019, The Writ, “Appellate Briefs”
–Briefs submitted to the Nevada Supreme Court must contain a “concise statement of the applicable standard of review.” NRAP 28(a)(10)(B). This requirement is not a memory test for attorneys but a critical part of the argument on appeal. See NRAP 28(a)(10) (including the standard of review within the “argument” section of the brief ); see also Walsh v. Centeio, 692 F.2d 1239, 1241 (9th Cir. 1982) (“[T]he outcome of the instant case turns on the standard of review . . . .”). The applicable standard of review is especially important in an administrative appeal as there is an extra step in the process. In a series of recent decisions involving the termination of classified employees, the Nevada Supreme Court identified a new standard of review to be employed by a hearing officer as well as reaffirmed the standard of review for the district court and the Nevada Supreme Court. To read entire article click here.
About McDonald Carano
McDonald Carano has helped to shape the Nevada business and legal landscape for 70 years. With more than 60 lawyers and government affairs professionals in our offices in Las Vegas and Reno, we are Nevada's law firm for business. We proudly represent Fortune 500 companies, financial and governmental institutions, fast-growth and mid-market companies, entrepreneurs, start-up ventures, non-profit organizations and individuals. Our attorneys deliver cross-discipline, one-stop, commercial law and government affairs counsel. Our dedication to clients, innovative thinking and practical solutions based in sound business and legal judgments are at the heart of our practice. For more information, visit mcdonaldcarano.com, call 775.788.2000 (Reno office), or 702.873.4100 (Las Vegas office) or reach us by email at email@example.com.
You have chosen to send an email to McDonald Carano. The sending or receipt of this email and the information in it does not in itself create an attorney-client relationship. If you are not already a client, you should not provide us with information that you wish to have treated as privileged or confidential without first speaking to one of our lawyers. If you provide information before we confirm that you are a client and that we are willing and able to represent you, we may not be required to treat that information as privileged, confidential, or protected information, and we may be able to represent a party adverse to you.
I have read this and want to send an email.