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Civil Procedure

Nevada Supreme Court Summaries

2005

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Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni Dec 2005

Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni

Nevada Supreme Court Summaries

Motion to support a stay pending an appeal by security other than a supersedeas bond.


Summary Of Wood V. Safeway, Inc., 121 Nev. Adv. Op. 73, Michael Shalmy Oct 2005

Summary Of Wood V. Safeway, Inc., 121 Nev. Adv. Op. 73, Michael Shalmy

Nevada Supreme Court Summaries

A mentally handicapped female working for Safeway Stores, Inc. was sexually assaulted at work by an employee of a company that provided janitorial services for Safeway. The assaults occurred in a storage room and in the parking lot while she was gathering shopping carts. She filed a complaint against Safeway and the janitorial company, Action Cleaning, alleging five causes of action as a result of the sexual assault. The district court granted summary judgment in favor of Safeway, determining that Safeway was immune from suit because of coverage provided by the Nevada Industrial Insurance Act (the “NIIA”). The district court …


Summary Of Whealon V. Sterling, 121 Nev. Adv. Op. 66, Jarrod Rickard Sep 2005

Summary Of Whealon V. Sterling, 121 Nev. Adv. Op. 66, Jarrod Rickard

Nevada Supreme Court Summaries

Appellant agent sought review of a summary judgment from the Eighth Judicial District Court, which ruled in favor of respondent entertainer in a contract dispute.


Summary Of Szydel V. Markman, 121 Nev. Adv. Op. 47, Hagar Labouz Aug 2005

Summary Of Szydel V. Markman, 121 Nev. Adv. Op. 47, Hagar Labouz

Nevada Supreme Court Summaries

Appellant Szydel brought a medical malpractice claim against Dr. Markman after he left a surgical needle inside her breast following a surgical procedure. Szydel and her husband filed a malpractice claim in district court and Dr. Markman moved to dismiss because the complaint was not accompanied by a medical expert’s affidavit, as required by statute. Szydel claimed that her action was filed under Nevada’s res ipsa loquitur statute and thus did not require a medical expert’s affidavit.


Summary Of Kahn V. Morse & Mowbray, 121 Nev. Adv. Op. 48, Hagar Labouz Aug 2005

Summary Of Kahn V. Morse & Mowbray, 121 Nev. Adv. Op. 48, Hagar Labouz

Nevada Supreme Court Summaries

This action arises out of a business agreement between the Kahns and their son, Eric. The Kahns violated the agreement with Eric by selling their business to their other son, Frank. The Kahns hired Byrd and his firm, Morse & Mowbray, to represent them. Shortly thereafter the parties reached a settlement, and the Kahns reneged on the settlement. Eric filed an action against the Kahns for specific enforcement of the settlement and Byrd and his firm declined to contest Eric’s contentions regarding the settlement. The district court held a hearing for specific enforcement of the settlement and found that all …


Summary Of Lee V. Ball, 121 Nev. Adv. Op. 38, Jared R. Gibb Jul 2005

Summary Of Lee V. Ball, 121 Nev. Adv. Op. 38, Jared R. Gibb

Nevada Supreme Court Summaries

This case involved an appeal from a district court judgment in a personal injury case, entered pursuant to a jury verdict which initially awarded the plaintiff $1,300 in damages. The plaintiff subsequently requested a new trial or, in the alternative, additur. The district court awarded the plaintiff an additur of $8,200 and prejudgment interest, without offering the defendant a new trial on damages.


Summary Of Matter Of Harrison Living Trust, 121 Nev. Adv. Op. 26, Jarrod Rickard Jun 2005

Summary Of Matter Of Harrison Living Trust, 121 Nev. Adv. Op. 26, Jarrod Rickard

Nevada Supreme Court Summaries

An appeal challenging a district court decision denying the petition of a trust beneficiary asking for an order surcharging the trustee for breach of fiduciary duty in distributing assets according to court order that the trustee knew was void.


Summary Of Aviation Ventures, Inc. V. Joan Morris, Inc., 121 Nev. Adv. Op. 13, 110 P.3d 59, Bryce Loveland Apr 2005

Summary Of Aviation Ventures, Inc. V. Joan Morris, Inc., 121 Nev. Adv. Op. 13, 110 P.3d 59, Bryce Loveland

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Reno Hilton Resort Corp. V. Verderber, 121 Nev. Adv. Rep. 1 , Robert M. Henriksen Feb 2005

Summary Of Reno Hilton Resort Corp. V. Verderber, 121 Nev. Adv. Rep. 1 , Robert M. Henriksen

Nevada Supreme Court Summaries

A class action was brought as a result of a Norwalk-like virus outbreak at the Reno Hilton in May and June of 1996. The district court divided the action into two phases. The first phase consisted of a jury trial regarding liability and class-wide punitive damages. The jury, imposing $25 million in punitive damages, found that the appellant’s (Reno Hilton Resort Corp.) policy of unpaid sick leave was the proximate cause of the outbreak. The second phase, which has not yet ensued, will consist of individual hearings to assess compensatory damages for each class member. Following the conclusion of the …


Summary Of Edwards V. Direct Access, Llc, 121 Nev. Adv. Op. 89, David T. Gluth Jan 2005

Summary Of Edwards V. Direct Access, Llc, 121 Nev. Adv. Op. 89, David T. Gluth

Nevada Supreme Court Summaries

Appeal from Eighth Judicial District Court’s order granting respondent’s, Direct Access’s, motion to dismiss for lack of jurisdiction because of appellant’s, Edwards’, failure to state a claim under federal and state statutes.


Summary Of Jordan V. State, Dep’T Of Motor Vehicles, 121 Nev. Adv. Op. 7, Daria Snadowsky Jan 2005

Summary Of Jordan V. State, Dep’T Of Motor Vehicles, 121 Nev. Adv. Op. 7, Daria Snadowsky

Nevada Supreme Court Summaries

Jordan v. State rules on two separate appeals that address the same issue of first impression regarding guidelines Nevada state courts must follow in order to restrict court access to in proper person litigants with in forma pauperis status. This case also reconfirms the process by which in forma applications are reviewed. In the first case, respondent Officer Jimmie W. Jones arrested proper person appellant James Jacob Jordan for trespassing on state property2 after Jordan did not heed Officer Jones’s warning to leave the premises. After the trespass charge was dropped the following day, Jordan sued Officer Jones along with …