Latest Case: J.E. Johnson & Associates v. Lindberg (Real Estate & Property Law)

Democracy Is on the Ballot: One Party Defends It, The Other Would Let It Die

AUSTIN SARAT

Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—explains why the 2020 Democratic National Convention was unlike any other political gathering in American history for reasons beyond its virtual platform. Sarat argues that the future of American democracy lies in the balance, and when we vote in November, it will be up to us whether democracy lives or dies.

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J.E. Johnson & Associates v. Lindberg

Citation: 136 Nev. Adv. Op. No. 55

Opinion Date: August 20, 2020

Judge: James W. Hardesty

Areas of Law: Real Estate & Property Law

The Supreme Court affirmed the district court's amended judgment in favor of the buyers of residential real property and against the sellers and the real estate agents of both the buyers and the sellers and offsetting the judgment by a portion of the settlement amounts paid by the agents pursuant to Nev. Rev. Stat. 17.245(1)(a), holding that the district court did not err. After the buyers brought suit alleging that all parties violated their statutory disclosure obligations the buyers settled with the sellers and the buyers' agents. The case proceeded to a bench trial against the sellers' agents, after which the district court entered judgment in favor of the buyers. Pursuant to section 17.245(1)(a), the district court offset the judgment by a portion of the settlement proceeds paid by the sellers and the buyers' agents. The Supreme Court affirmed, holding (1) when considering if section 17.245(1)(a)'s settlement offsets apply, district courts must determine whether both the settling and the non settling defendants were responsible for the same injury; (2) substantial evidence supported the district court's determination that all the defendants caused the same injury; and (3) the district court properly calculated the offset amount.