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Wednesday, August 31, 2011

Nevada Supreme Court Applies Quarles's Public Safety Exception


By Professor Katherine Kruse

In Lamb v. State, 251 P.3d 700 (Nev. 2011), the Nevada Supreme Court applied the public safety exception of New York v. Quarles, 467 U.S. 649 (1984), which permits officers to ask a suspect questions without first giving Miranda warnings if they reasonably believe it is necessary to secure their own safety or the safety of the public. In Quarles, the police apprehended the suspect in an armed rape in the supermarket into which he had fled. He had an empty shoulder holster but no gun. After handcuffing him but before giving him Miranda warnings, the police questioned him about the location of the gun.

Monday, August 29, 2011

Nevada Supreme Court Adopts Modern Flexible Approach to Promissory Estoppel Damages


By Professor Jay Mootz

The creation of the doctrine of promissory estoppel is one of the most significant developments in modern contract law. In Dynalectic Co. of Nevada, Inc. v. Clark & Sullivan Constructors, Inc., 255 P.3d 286 (Nev. 2011), the Supreme Court of Nevada unanimously embraced the flexible approach to damages in promissory estoppel cases that is articulated in the Restatement (Second) of Contracts. With its succinct and clear opinion, the Court ensures that Nevada courts will follow the modern trend to determine the appropriate measure of damages by looking to "considerations of what justice requires and the foreseeability and certainty of the particular damages award sought."