The legalization of marijuana in Nevada creates murky waters for Nevada’s businesses.  The sale and use of marijuana remains illegal under federal law.  The Controlled Substances Act, so long as it remains unchanged by Congress, will keep waters murky for such issues as whether you can enforce a “drug-free” workplace policy; whether you employees can claim that you have violated the Americans With Disabilities Act (ADA); and the extent to which you can get sued if an employee under the influence of marijuana injures another employee or member of the public.

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On August 26, 2015, Bryce Williams shot two former co-workers, Alison Parker and Adam Ward, on live television.  Williams had been a troubled employee of the television station where they had all worked.  There had been numerous complaints by and about Williams as an employee.  In listening to coverage after the tragedy, I heard a commentator state that it was “reasonably foreseeable” that Williams would engage in this violent conduct.  

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You started your business to follow your passion; to create something; to make money. You have just been sued and it seems like all of that can be taken away from you in one fell swoop. It is important that you understand the process of litigation and conduct your actions in the most proactive way to protect your business. The following outlines the basic life of a lawsuit:

A lawsuit starts with the filing of a complaint. A complaint generally sets forth the parties to the lawsuit and the facts alleged. Upon the filing of a complaint, a summons is issued. When you get served (you are the “defendant” in the action), you will receive a copy of the complaint along with the summons.

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