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Full-Text Articles in Law
Cummings V. Barber, 136 Nev. Adv. Op. 18 (April 2, 2020), Alexis Taitel
Cummings V. Barber, 136 Nev. Adv. Op. 18 (April 2, 2020), Alexis Taitel
Nevada Supreme Court Summaries
No abstract provided.
Jaramillo V. Ramos, 136 Nev. Adv. Op. 17 (Apr. 2, 2020), Jose Tafoya
Jaramillo V. Ramos, 136 Nev. Adv. Op. 17 (Apr. 2, 2020), Jose Tafoya
Nevada Supreme Court Summaries
The Court found a plaintiff is not required to provide expert testimony to survive a defendant’s summary judgment motion when the plaintiff is relying on the res ipsa loquitur statute’s prima facie case of negligence. Rather, plaintiff must only establish facts that entitle it to a rebuttable presumption of negligence under Nevada’s res ipsa loquitur statute. Whether a defendant can rebut the presumption through their own expert testimony or evidence is a question of fact for the jury.
Reynolds V. Tufenkjian, 136 Nev. Adv. Op. 19 (Apr. 9, 2020), Brittni Tanenbaum
Reynolds V. Tufenkjian, 136 Nev. Adv. Op. 19 (Apr. 9, 2020), Brittni Tanenbaum
Nevada Supreme Court Summaries
The Court considered whether a party who purchased a judgment debtor’s rights of action could motion the Court to substitute themselves in as the real party in interest and dismiss the appeal. The Court held that only “things in action” that are otherwise assignable may be subject to execution to satisfy a judgment. The Court concluded that tort claims for personal injury—including fraud/intentional misrepresentation and elder exploitation—are generally not assignable. The Court further concluded that tort claims for injury to property and contract-based claims, unless the claims are personal in nature, are generally assignable. Therefore, the Court granted the respondents’ …
In Re Raggio Family Trust, 136 Nev. Ad. Op. 21 (Apr. 9, 2020), Aariel Williams
In Re Raggio Family Trust, 136 Nev. Ad. Op. 21 (Apr. 9, 2020), Aariel Williams
Nevada Supreme Court Summaries
The Court determined that neither the language in the trust instrument nor NRS 163.4175 requires the trustee to consider the beneficiary’s other assets before making distributions from the trust.
State Of Nevada Department Of Employment, Training & Rehabilitation, Employment Security Division V. Sierra National Corporation, D/B/A The Love Ranch, A Nevada Corporation, 136 Nev., Adv. Op. 11 (Mar. 26, 2020), Alexandra Matloff
Nevada Supreme Court Summaries
The Court held that because the records requested by the legal brothel the Love Ranch do not violate the limitations set forth in NRS 612.265, the district court was correct to grant the Love Ranch’s petition for a writ of mandamus.
Chandra V. Schulte, 135 Nev. Adv. Op. 66 (December 26, 2019), Michael Desmond
Chandra V. Schulte, 135 Nev. Adv. Op. 66 (December 26, 2019), Michael Desmond
Nevada Supreme Court Summaries
The Court determined that (1) the spousal exception bars recovery from the Nevada Real Estate Education, Research and Recovery Fund (“Fund”) for fraud incurred during the period of the marriage and (2) where a spouse co-owned the defrauded property, the surviving spouse may not recover from the Fund.
Rosen V. Tarkanian, 135 Nev. Adv. Op. 15 (December 12, 2019), Andrew Brown
Rosen V. Tarkanian, 135 Nev. Adv. Op. 15 (December 12, 2019), Andrew Brown
Nevada Supreme Court Summaries
This issue was whether several of Jacky Rosen’s statements about Danny Tarkanian made during her political campaign constituted defamation. The Court determined that Rosen’s political statements were made in good faith and, therefore, the case was reversed and remanded with instructions for the district court to grant the special motion to dismiss.
Toll V. Dist. Ct. (Gilman), 135 Nev., Advanced Opinion 58 (December 5, 2019), Gabrielle Boliou
Toll V. Dist. Ct. (Gilman), 135 Nev., Advanced Opinion 58 (December 5, 2019), Gabrielle Boliou
Nevada Supreme Court Summaries
A blogger claimed that his sources are protected under NRS 49.275. The court held that digital media is protected, but did not address whether a blogger is protected. The district court did not err in allowing discovery to determine whether the blogger acted with actual malice.
In Re Application Of Finley, Nevada Ct. App., No. 76715-Coa (July 25, 2019), Ben Coonan
In Re Application Of Finley, Nevada Ct. App., No. 76715-Coa (July 25, 2019), Ben Coonan
Nevada Supreme Court Summaries
The court found that the lower court had erroneously applied the incorrect statute in determining the requisite waiting period to file an application to seal records, and reversed and remanded with instructions for the lower court to apply the updated statute. The court found Finley’s argument – that a later court is prohibited from considering that conviction in an application to seal further records once record of a conviction has been sealed – without merit because statutory language expressly permits courts to consider sealed records in future applications.