Micah S. Echols

Micah S. Echols

Attorney Profile

Top Rated Appellate Attorney in Las Vegas, NV

Marquis Aurbach Coffing
 | 10001 Park Run Drive, Las Vegas, NV 89145
Phone: 702-207-6087
Fax: 702-856-8956
Selected to Super Lawyers: 2014 - 2019
Selected to Rising Stars: 2013
Licensed Since: 2003
Practice Areas:
  • Appellate (80%),
  • General Litigation (20%)
Attorney Profile

Mr. Echols focuses his practice on complex litigation and appeals. He is licensed to practice in all state and federal courts in the State of Nevada, the Ninth Circuit Court of Appeals, the Tenth Circuit Court of Appeals, the Federal Circuit Court of Appeals, and the United States Supreme Court. Mr. Echols has handled all types of civil appeals and complex litigation, including constitutional questions, commercial litigation, construction, real estate, insurance, personal injury, contract disputes, and torts.  [email protected] or 702-207-6087.

About Micah Echols

Admitted: 2003, Nevada

Professional Webpage: http://www.maclaw.com/micah-s-echols

Honors/Awards:

  • 2014 - 2018, Super Lawyer, Mountain States Super Lawyers, 2018
  • Super Lawyer, Mountain States Super Lawyers, 2017
  • AV Preeminent Peer Rating, Martindale-Hubbell, 2014
  • 50 Hours Pro Bono Award, Legal Aid Center of Southern Nevada, 2014
  • Southern Nevada Top Lawyer (Appeals), Desert Companion Magazine, 2014
  • NITA Advocate, Awarded for for completing courses on Deposition Skills, Building Trial Skills, and Communication Skills, National Institute for Trial Advocacy, 2009
  • First Place Entry for 2003 Writing Competition, State Bar of Texas, Computer Technology Section, 2003
  • Top Lawyer for Lawsuits/Disputes, VEGAS INC., 2012

Special Licenses/Certifications:

  • Nevada State Bar, 2003
  • Supreme Court of the United States, 2007
  • United States Court of Appeals for the Ninth Circuit, 2007
  • United States Court of Appeals for the Tenth Circuit, 2016
  • United States District Court for the District of Nevada, 2003
  • United States Court of Appeals for the Federal Circuit, 2013

Bar/Professional Activity:

  • Committee Member, State Bar of Nevada CLE Committee, 2009

Scholarly Lectures/Writings:

  • Can Savings Statutes Cure the Failure to Attach a Medical Malpractice Affidavit to a Complaint?, 31 Communiqué 16 (Nov. 2010)
  • Who Has Standing to Make a Construction Defect Claim?, 30 Communiqué 20 (Oct. 2009)
  • Punitive Damages Can Lay Businesses Low; Learn How They Happen, Las Vegas Business Press (Dec. 27, 2010)
  • Overcoming Jurisdictional Defects in Your Civil Appeal to the Supreme Court of Nevada, 33 NJA Advocate 14 (Sept./Oct. 2009)
  • Remember to Demonstrate Good Cause When Attempting to Serve the Summons and Complaint,     35 NJA Advocate 19 (Sept./Oct. 2011)
  • Co-Author, The Nevada Supreme Court Comprehensively Amends the Nevada Rules of     Appellate Procedure, 17 Nev. Lawyer 30 (2009)
  • Using Motions in Limine at Trial to Effectively Preserve Appeal Issues, 32 Communiqué 23 (Oct. 2011)
  • To What Extent Can the Offer of Judgment Penalty Provisions Under NRS 17.115 and NRCP 68 Be Applied?, 30 Communiqué 16 (June/Jul. 2009)
  • Common Pitfalls to Avoid when Filing a Civil Writ Petition to the Supreme Court of Nevada, 33 NJA Advocate 13 (May/June 2009)
  • What Is the Proper Measure of Damages Owed for Wrongful Deprivation of Real Property?, 35 NJA Advocate 23 (Nov./Dec. 2011)
  • Co-Author, Justice Done: Countrywide Home Loans, Inc. v. Thitchener, 32 NJA Advocate (Nov./Dec. 2008)
  • Navigating Post-Judgment Motions in Nevada State Court, 20 Nev. Lawyer 6 (Jan. 2012)
  • Expediting Litigation and Appeals in Real Estate Cases, CCIM Perspective 4 (Jul./Aug. 2008)
  • Offers of Judgment in Nevada State Court: NRS 17.115 & NRCP 68, CCBA CLE Seminar (Feb. 7, 2013)
  • Preparing Your District Court Case for an Appeal to the Supreme Court of Nevada, 16 Nev. Lawyer 14 (2008)
  • Post-Judgment Motions in State and Federal Courts, 2017 Nevada Government Civil Attorneys Conference (May 11, 2017)
  • When Should You Consult an Appellate Attorney?, CCIM Perspective 5 (Jan./Feb. 2008)
  • Chapters on Civil Jurisdiction and Attorney Fees, Costs, and Sanctions, Nevada Appellate Practice Manual (2d ed. 2016)
  • When Are Attorney Fees Incurred on Appeal Recoverable?, 29 Communiqué 28 (Mar. 2008)
  • Drafting Attorney Fees Order to Withstand an Appeal to the Nevada Supreme Court, 21 Nev. Lawyer 6 (Aug. 2013)
  • “Litigation-Avoidance” Provisions Do Not Necessarily Void Appeal Rights, 28 Communiqué 36 (Dec. 2007)
  • Moderator, Appellate Ethics and Preserving Issues for Appeal in the Nevada State District Courts, Nevada State Bar Annual Meeting (Jul. 12, 2014)
  • Co-Presenter, Construction Defect Claims: Offers of Judgment, Trial Strategies, and Appellate Strategies, Nevada State Bar Construction Defect Seminar (Dec. 3, 2014)
  • When Should You File a Cross-Appeal After the Opposing Party Has Appealed to the Supreme Court of Nevada?, 31 NTLA Advocate 11 (Nov./Dec. 2007)
  • The Future of Your Case: Appellate Issues to Remember During Trial, NJA Litigator Lunch (Mar. 9, 2016)
  • Common Pitfalls to Avoid in Civil Cases when Filing a Notice of Appeal to the Supreme Court of Nevada, 31 NTLA Advocate 14 (May/June 2007)
  • Five Things to Remember in Ninth Circuit Appellate Practice, Communiqué (Jan. 2017)
  • Seller Beware: Pitfalls to Avoid When Selling Real Property, 3 Real Estate Success Magazine 16 (2006)
  • The Supreme Court of Nevada Amends NRAP 16 GOVERNING SETTLEMENT CONFERENCES IN CIVIL APPEALS, 14 Nev. Lawyer 16 (2006)
  • Co-Author, Contaminated Property? Relief and Reason May Be Within Sight, Focus, A Supplement to The Enterprise, September 16, 2002, at 9
  • Is the Courtroom the Right Place for Religion? Difficulties in Restricting Religious Arguments During the Sentencing Phase of Pennsylvania Death Penalty Cases: Commonwealth v. Spotz, 36 UWLA L. Rev. 254 (2005)
  • Changing the Face of Premises Liability in Nevada: Davenport v. Comstock Hills-Reno Requiring an Affirmative Duty for Premises Owners to "Maintain" and Upgrade, 37 UWLA L. Rev. 76 (2004)
  • Are Private Automobile Insurance Companies Replacing Workers' Compensation Coverage When the Employee/Insured is Injured in the Course and Scope of Employment by a Third-Party Tortfeasor?: Rubin v. State Farm Mutual Automobile Insurance Company, 2 Pierce L. Rev. 17 (2004)
  • Striking a Balance Between Employer Business Interests and Employee Privacy: Using Respondeat Superior to Justify the Monitoring of Web-Based, Personal Electronic Mail Accounts of Employees in the Workplace, 7 Comp. L. Rev. & Tech. J. 273 (2003)
  • Co-Author, Civil Appeal Checklist with Forms (NJA 2d ed. 2008 & 3d ed. 2009)
  • Civil Appeals and the 2008 Amendments to the Nevada Rules of Appellate Procedure, NJA Litigator Lunch (Mar. 11, 2009)
  • Co-Presenter, Punitive Damages and the Impact of the Countrywide Home Loans v. Thitchener Decision, NJA Litigator Lunch (Nov. 6, 2008)
  • Remember to Include Effective Interest Provisions in Your Real Estate Contracts, CCIM Perspective 4 (Sept./Oct. 2009)
  • When Can a Supreme Court Appeal Be Decided on the Record?, 34 NJA Advocate 11 (May/June 2010) (reprinted in 32 The Writ 12 (May 2010))
  • When Should You Use an Amicus Curiae in Your Nevada Supreme Court Case?, 31 The Writ 14 (Dec. 2009)
  • When Is Final and Binding Arbitration Not Final and Binding?, CCIM Perspective 4 (Jan./Feb. 2010)
  • Comprehensive Changes to the Nevada Rules of Appellate Procedure, 18 NEV. LAWYER 26 (June 2010)
  • Taking Advantage of Property Tax Appeals, CCIM Perspective 4 (Jul./Aug. 2010)
  • Seeking Emergency Relief in the Supreme Court of Nevada, 34 NJA Advocate 13 (Sept./Oct. 2010)
  • Offers of Judgment in Nevada: Best Friend or Worst Enemy?, 18 NEV. LAWYER 33 (Nov. 2010)
  • Don’t Let Procedural Issues Spoil Your Supreme Court Appeal, 34 NJA Advocate 11 (Nov./Dec. 2010)

Other Outstanding Achievements:

  • Jones v. Las Vegas Metro. Police Dep’t, 873 F.3d 1123 (9th Cir. 2017) (clarifying standing principles under FRCP 17 for claims asserted by a decedent’s estate in 42 U.S.C. § 1983 civil rights cases)
  • Tsao v. Desert Palace, Inc., 698 F.3d 1128 (9th Cir. 2012) (affirming summary judgment for police officer from civil rights claims by advantage gambler)
  • Dynamic Transit v. Trans Pac. Ventures, 128 Nev. 755, 291 P.3d 114 (2012), cert. denied, 134 S.Ct. 682 (2013) (construing Carmack Amendment preemption and creating exception for conversion claim)
  • Las Vegas Metro. Police Dep’t v. Yeghiazarian, 129 Nev. Adv. Op. No. 81, 312 P.3d 503 (2013) (excluding blood alcohol content of personal injury plaintiff due to absence of corroborating evidence and clarifying attorney fees awards for non-attorneys)
  • D.R. Horton, Inc. v. Dist. Ct., 123 Nev. 468, 168 P.3d 731 (2007) (establishing the reasonable threshold test for construction defect notices under NRS 40.645)
  • Gunderson v. D.R. Horton, Inc., 130 Nev. Adv. Op. No. 9, 319 P.3d 606 (2014) (affirming a favorable verdict in a 38-day construction defect jury trial and construing offer of judgment principles with NRS 40.655 on the limitation of attorney fees)
  • Wheble v. Dist. Ct., 128 Nev. 119, 272 P.3d 134 (2012) (refusing to extend to NRS 11.500 savings statute to excuse affidavit requirement of NRS 41A.071)
  • Mendenhall v. Tassinari, 133 Nev. Adv. Op. No. 78, 403 P.3d 364 (2017) (explaining that an accepted offer of judgment can serve as the basis for claim preclusion in a subsequent lawsuit involving the same parties or their privies)
  • Clark County v. S. Nevada Health Dist., 128 Nev. 651, 289 P.3d 212 (2012) (interpreting NRS 439.365 to prohibit the County from interfering with submitted budgets)
  • Stilwell v. City of North Las Vegas, 129 Nev. Adv. Op. No. 76, 311 P.3d 1177 (2013) (clarifying that there is no right to appeal to the Supreme Court based upon NRS 176.115 when the case originates in an inferior tribunal such as a municipal court).
  • Countrywide Home Loans, Inc. v. Thitchener, 124 Nev. 725, 192 P.3d 243 (2008) (clarifying the standard to recover punitive damages under NRS Chapter 42)
  • ReconTrust Co., N.A. v. Zhang, 130 Nev. Adv. Op. No. 1, 317 P.3d 814 (2014) (explaining that the law of the case doctrine does not apply to respondents on appeal that do not assert alternative grounds for upholding the appealed judgment)
  • Berkson v. LePome, 126 Nev. 492, 245 P.3d 560 (2010) (striking NRS 11.340 as unconstitutional for violating separate of powers doctrine)
  • Fergason v. Las Vegas Metro. Police Dep’t, 131 Nev. Adv. Op. No. 94, 364 P.3d 592 (2015) (explaining how courts should treat the NRS 179.1173(5) civil forfeiture conclusive presumption in summary judgment proceedings)
  • Club Vista Fin. Servs., L.L.C. v. Dist Ct., 128 Nev. 224, 276 P.3d 246 (2012) (prohibiting depositions of opposing counsel unless very narrow exceptions are met)
  • Schwartz v. Lopez, 132 Nev. Adv. Op. No. 73, 382 P.3d 886 (2016) (amicus curiae for Foundation for Excellence in Education) (confirming the constitutionality of the Education Savings Account (“ESA”) program under Nevada Constitution Article 11, Sections 2, 6, and 10, but enjoining the use of public education funds absent a separate appropriation for the ESA)
  • Bisch v. Las Vegas Metro. Police Dep’t, 129 Nev. Adv. Op. No. 36, 302 P.3d 1108 (2013) (upholding discipline based on off-duty conduct of police officer as constitutional)
  • In re Estate and Living Trust of Miller, 125 Nev. 550, 216 P.3d 239 (2009) (holding that an offer of judgment includes attorney fees incurred on appeal)
  • Mona v. Dist. Ct., 132 Nev. Adv. Op. No. 72, 380 P.3d 836 (2016) (clarifying that a co-trustee of a judgment debtor trust cannot be compelled to provide evidence regarding personal finances)
  • Sanchez v. Wal-Mart Stores, Inc., 125 Nev. 818, 221 P.3d 1276 (2009) (determining that pharmacies do not owe a duty of care to unidentified third parties who are injured by pharmacy patients)
  • City of N. Las Vegas v. 5th & Centennial, LLC, 130 Nev. Adv. Op. No. 66, 331 P.3d 896 (2014), cert. denied, 135 S.Ct. 718 (2014) (clarifying that prejudgment interest on a landowner’s claim for precondemnation damages commences with the first date of compensable injury)

Educational Background:

  • J.D., J. Reuben Clark Law School, Brigham Young University, 2003
  • B.A. in Spanish Linguistics, Brigham Young University, 1999

Industry Groups

  • Appellate
  • Civil Rights
  • Construction
  • Corporate
  • Litigation
  • Real Property
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Office Location for Micah S. Echols

10001 Park Run Drive
Las Vegas, NV 89145

Micah S. Echols:

Last Updated: 2/28/2019

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