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SYLVER v. REGENTS BANK, N.A.

Nos. 58869, 59683.

300 P.3d 718 (2013)

Marshall SYLVER, an Individual; Mind Power, Inc., a Nevada Corporation; Casa De Millionaire, LLC, a Nevada Limited Liability Company; and Prosperity Center, LLC, a Nevada Limited Liability Company, Appellants, v. REGENTS BANK, N.A., a National Association, Respondent. Marshall Sylver, an individual; Mind Power, Inc., a Nevada Corporation; Casa De Millionaire, LLC, a Nevada Limited Liability Company; and Prosperity Center, LLC, a Nevada Limited Liability Company, Appellants, v. Regents Bank, N.A., a National Association, Respondent.

Supreme Court of Nevada.

May 2, 2013.

Attorney(s) appearing for the Case

Kolesar & Leatham, Chtd., and Bart K. Larsen , Las Vegas, for Appellants.

Sullivan Hill Lewin Rez & Engel and Christine A. Roberts , Las Vegas; Sullivan Hill Lewin Rez & Engel and James E. Drummond , San Diego, California, for Respondent.

Before HARDESTY, PARRAGUIRRE and CHERRY, JJ.

OPINION

By the Court, PARRAGUIRRE, J.:

In this appeal, we consider whether an arbitration award was obtained through undue means. In resolving this issue, we interpret the meaning of "undue means" under NRS 38.241 in line with the interpretation given by other state and federal courts, whereby the challenging party has the burden of proving that the arbitration award was secured through intentionally misleading conduct. Accordingly, we conclude that...

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