Arco Products Co. v. May
Commercial products and economic loss doctrine before the Nevada Supreme Court. Cited in Nevada commercial-litigation opinions.
Read the caseWhen real property is contested — title disputes, boundary conflicts, commercial development litigation, partnership disputes over real estate interests — the matter demands an attorney willing to take it to trial if necessary.
Real property disputes, at scale, are among Nevada's most consequential commercial matters. The practice addresses title disputes and quiet title actions where ownership itself is contested; commercial real estate litigation involving acquisitions, leases, and breach; boundary and easement conflicts where adjoining interests have drifted out of alignment; and partnership disputes over real estate interests, both operational and ownership-structured.
Construction and development litigation — delay claims, payment disputes, performance defects, and lien-priority questions — constitute a substantial portion of the practice. Commercial landlord-tenant disputes at scale are also within scope, particularly where the underlying commercial relationship requires a trial-ready posture.
The practice is not oriented toward routine residential transactions or boundary disputes of modest scope. Matters are accepted where the financial exposure and legal complexity justify the engagement.
Real property matters reward preparation. Title searches, expert title reports, appraisals, and survey evidence define the trial. That preparation is unconstrained — every document is reviewed, every title chain is traced, every expert who should be retained is retained.
As in all of Mr. McKenna's matters, preparation is also what produces settlement. Opposing counsel evaluate exposure against the defense they expect to face. When the engagement is known to be trial-ready from day one, the calculus shifts.
Nevada property litigation is shaped by a small set of statutory frameworks that recur across matter types. Quiet-title and adverse-possession actions are governed by NRS Chapter 40, with the limitations period for title actions set out in NRS 11.080. Common-interest communities — condominiums, planned-unit developments, master-planned residential — are governed by NRS Chapter 116 and its companion regulations under NAC 116.
Construction defect litigation in Nevada is governed by NRS 40.600 through 40.695 (the Chapter 40 framework). Pre-litigation notice and right-to-cure procedures are jurisdictional; failure to comply with the statutory notice scheme can be raised on motion to dismiss. The 2019 amendments shortened several timelines and added attorney-fee provisions that shape settlement strategy.
Commercial landlord-tenant disputes are governed by NRS Chapter 118C; residential under NRS Chapter 118A. The two chapters have substantially different remedies, statutes of limitations, and notice rules. Mr. McKenna’s practice does not accept routine residential evictions; engagements typically involve commercial tenancy, lease-interpretation, or holdover disputes where the financial stakes justify full preparation.
Boundary disputes, prescriptive-easement claims, and title-of-record questions often turn on survey and historical-document evidence. NRCP 26 disclosure timelines and expert-discovery requirements shape the pretrial calendar; motions in limine on title-history admissibility are routine.
Mr. McKenna reviews inquiries personally. Matters involving imminent deadlines — dispositive motions, scheduled trial dates — are reviewed immediately.