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Articles 31 - 60 of 85
Full-Text Articles in Law
Summary Of Cadle Co. V. Woods & Erickson Llp, 131 Nev. Adv. Op. 15 (Mar. 26, 2015), Adam Wynott
Summary Of Cadle Co. V. Woods & Erickson Llp, 131 Nev. Adv. Op. 15 (Mar. 26, 2015), Adam Wynott
Nevada Supreme Court Summaries
The Court held Nevada does not recognize accessory liability for fraudulent transfers. Additionally, the Court ruled a court may only award costs based on a showing of sufficient evidence that a cost is reasonable, required, and incurred.
Summary Of Sadler V. Pacificare Of Nevada, Inc., 130 Nev. Adv. Op. 98, Hayley Miller
Summary Of Sadler V. Pacificare Of Nevada, Inc., 130 Nev. Adv. Op. 98, Hayley Miller
Nevada Supreme Court Summaries
The Court determined (1) when stating a claim for a negligence action in which medical monitoring is sought as a remedy, a plaintiff may satisfy the injury requirement by alleging that additional medical monitoring is reasonably required beyond the standard recommendations.
Summary Of Nevada Ass’N. Servs. V. Eighth Jud. Dist., 130 Nev. Adv. Op. 94, Michael Valiente
Summary Of Nevada Ass’N. Servs. V. Eighth Jud. Dist., 130 Nev. Adv. Op. 94, Michael Valiente
Nevada Supreme Court Summaries
The voluntary payment doctrine provides an affirmative defense to a claim for the recovery of money that a plaintiff voluntarily paid. The duress/coercion exception to the voluntary payment doctrine requires the plaintiff show no reasonable alternative to payment existed. Additionally, the defense of property exception requires the plaintiff show an imminent risk of losing the property.
Summary Of Franchise Tax Board Of The State Of California V. Hyatt, 130 Nev. Adv. Op. 71, Stacy Newman, Jennifer Odell, Jaymes Orr, Patrick Phippen
Summary Of Franchise Tax Board Of The State Of California V. Hyatt, 130 Nev. Adv. Op. 71, Stacy Newman, Jennifer Odell, Jaymes Orr, Patrick Phippen
Nevada Supreme Court Summaries
The Court (1) affirmed the intentional tort and bad faith exceptions to discretionary-function immunity under NRS 41.032; (2) recognized the common law tort of publicity in a false light; (3) adopted the sliding-scale approach to proving a claim of intentional infliction of emotional distress; (4) determined comity does not demand granting immunity from suit to foreign state government agencies if immunity would be available under that state’s laws, but not under Nevada law; and (5) determined comity does not require extending statutory caps to foreign state government agencies even if provided by law to Nevada government agencies.
Summary Of Morrison V. Health Plan Of Nev., 130 Nev. Adv. Op. 55, Sean Daly
Summary Of Morrison V. Health Plan Of Nev., 130 Nev. Adv. Op. 55, Sean Daly
Nevada Supreme Court Summaries
The Court determined whether a Medicare beneficiary's state common law negligence claim against his private health insurance company, through which he is receiving his Medicare benefits, is preempted by the federal Medicare Act.
Summary Of Fch1, Llc V. Rodriguez, 130 Nev. Adv. Op. 46, Michael Bowman
Summary Of Fch1, Llc V. Rodriguez, 130 Nev. Adv. Op. 46, Michael Bowman
Nevada Supreme Court Summaries
The Court determined two issues: 1) whether to extend the limited-duty rule established in Turner v. Mandalay Sports Entertainment, 124 Nev. 213, 220–21180 P.3d 1172, 1177 (2008), to the facts of this case, and 2) whether Palms breached the duty of reasonable care it owed to Rodriguez.
Summary Of Libby V. Eight Judicial District Court, 130 Nev. Adv. Op. 39, Allison Vitangeli
Summary Of Libby V. Eight Judicial District Court, 130 Nev. Adv. Op. 39, Allison Vitangeli
Nevada Supreme Court Summaries
The Court determined two issues: (1) when NRS 41A.097(2)’s three-year medical malpractice statute of limitation period commences; and (2) whether the time to file the complaint was properly tolled in accordance with NRS 41A.097(3).
Summary Of Lvmpd V. Yeghiazarian, 129 Nev. Adv. Op. 81, Kelsey Bernstein
Summary Of Lvmpd V. Yeghiazarian, 129 Nev. Adv. Op. 81, Kelsey Bernstein
Nevada Supreme Court Summaries
The Court decided four issues: (1) Whether a deceased’s blood alcohol content (BAC) may be submitted to show his comparative negligence in a wrongful death action; (2) whether a district court abuses its discretion by allowing an expert to testify based on an allegedly unreliable report; (3) whether a jury’s damages award should be reduced based on comparative negligence before or after imposing a statutory damage cap; and (4) whether awards for attorney fees may include charges for nonattorney staff.
Summary Of Otak Nev., Llc V. Eighth Jud. Dist. Ct., 127 Nev. Adv. Op. No. 53, Jason Wallace
Summary Of Otak Nev., Llc V. Eighth Jud. Dist. Ct., 127 Nev. Adv. Op. No. 53, Jason Wallace
Nevada Supreme Court Summaries
The Court was presented with two questions: “(1) If a defendant settles in good faith does NRS 17.245(1)(b) bar "de facto" claims for contribution and/or equitable indemnity?; and (2) Are the contractor's third-party claims in this matter considered "de facto" contribution and/or equitable indemnity claims that may be barred under NRS 17.245(1)(b)?”
Summary Of Cucinotta V. Deloitte & Touche, Llp, 129 Nev. Adv. Op. No. 35, Sean Africk
Summary Of Cucinotta V. Deloitte & Touche, Llp, 129 Nev. Adv. Op. No. 35, Sean Africk
Nevada Supreme Court Summaries
In an appeal from a district court order granting summary judgment in a defamation case, the Court considered whether information divulged by a registered accounting firm in accordance with the Securities Exchange Act of 1934 is subject to an absolute privilege.
Summary Of Egan V. Chambers, 129 Nev. Adv. Op. 25, Oscar Peralta
Summary Of Egan V. Chambers, 129 Nev. Adv. Op. 25, Oscar Peralta
Nevada Supreme Court Summaries
The Court reexamined whether NRS 41A.071's affidavit-of-merit requirement applies to claims for professional negligence, which it had answered only a few years ago in Fierle v. Perez. The Court held that the plain and unambiguous language of NRS 41A.071 indicates that professional negligence actions are not subject to its affidavit-of-merit requirement, which applies only to medical or dental malpractice actions.
Summary Of Dynamic Transit Co. V. Trans Pac. Ventures, Inc., 128 Nev. Adv. Op. 69, David H. Rigdon
Summary Of Dynamic Transit Co. V. Trans Pac. Ventures, Inc., 128 Nev. Adv. Op. 69, David H. Rigdon
Nevada Supreme Court Summaries
Appeal and cross-appeal from a District Court bench trial judgment in favor of Plaintiffs’, Trans Pacific Ventures and Trevor Small (hereinafter “Small”), state-law claims for conversion and fraud, and awarding Small a total of $52,500 in compensatory damages and $300,000 in punitive damages. Defendants, Dynamic Transit Company and Knight’s Company/Auto Transporters (hereinafter “Knights”), appeal contending that the District Court erred in denying their motion to dismiss pursuant to N.R.C.P. 12(b)(5) since the Carmack Amendment preempts each of Small’s state law claims. Alternatively, Knights argues that even if the Carmack Amendment does not apply, there is insufficient evidence to support the …
Summary Of Foster V. Costco Wholesale Corp., 128 Nev. Adv. Op. 71, Kelli Michelle Devaney
Summary Of Foster V. Costco Wholesale Corp., 128 Nev. Adv. Op. 71, Kelli Michelle Devaney
Nevada Supreme Court Summaries
Appeal from a district court summary judgment in a negligence action in which the court considered the landowner’s duty of care in regard to open and obvious dangerous conditions on the landowner’s property.
Summary Of Holcomb V. Georgia Pacific, 128 Nev. Adv. Op. 56`, Miriam C. Meyer
Summary Of Holcomb V. Georgia Pacific, 128 Nev. Adv. Op. 56`, Miriam C. Meyer
Nevada Supreme Court Summaries
An appeal from a district court’s grant of summary judgment for manufacturers of asbestos-containing products.
Summary Of Fga, Inc. V. Giglio, 128 Nev. Adv. Op. 26, Brandon C. Sendall
Summary Of Fga, Inc. V. Giglio, 128 Nev. Adv. Op. 26, Brandon C. Sendall
Nevada Supreme Court Summaries
The Court considered whether the “mode of operation” approach to premises liability, under which the plaintiff does not have to prove defendant’s knowledge of a particular hazardous condition if the plaintiff can prove that the nature of the defendant’s business tends to create a substantial risk of the type of harm the plaintiff suffered, extends beyond the self-service context to sit-down restaurants, and whether the district court abused its discretion in excluding certain evidence.
Summary Of Pack V. Latourette, 128 Nev. Adv. Op. No. 25, Matthew Vantusko
Summary Of Pack V. Latourette, 128 Nev. Adv. Op. No. 25, Matthew Vantusko
Nevada Supreme Court Summaries
Appeal from an action that was dismissed on statute of limitation grounds with prejudice. The Court addressed whether dismissal is proper in the absence of a preexisting relationship for a claim of equitable indemnity; whether contribution can be sought from a party who has not yet paid toward a judgment; and whether an expert affidavit is required for claims seeking contribution for medical malpractice.
Summary Of Winn V. Sunrise Hospital And Medical Center, 128 Nev. Adv. Op. 23, Travis Akin
Summary Of Winn V. Sunrise Hospital And Medical Center, 128 Nev. Adv. Op. 23, Travis Akin
Nevada Supreme Court Summaries
Appeal from a district court summary judgment in a medical malpractice action based on the statute of limitations under NRS 41A.097.
Summary Of Cafe Moda V. Palma, 128 Nev. Adv. Op. No. 7, Colin Seale
Summary Of Cafe Moda V. Palma, 128 Nev. Adv. Op. No. 7, Colin Seale
Nevada Supreme Court Summaries
The Court considered a defendant’s appeal of a District Court’s judgment which held the tortfeasors jointly and severally liable for the plaintiff’s damages.
Summary Of Wheble V. Dist. Ct., 128 Nev. Adv. Op. No. 11, Bryan Schwartz
Summary Of Wheble V. Dist. Ct., 128 Nev. Adv. Op. No. 11, Bryan Schwartz
Nevada Supreme Court Summaries
The Court considered a petition for writ of mandamus challenging district court order denying petitioner’s/defendant’s motion to dismiss and for summary judgment in a medical malpractice matter.
Summary Of Munda V. Summerlin Life & Health Ins. Co., 127 Nev. Adv. Op. No. 83, Joseph Bowen
Summary Of Munda V. Summerlin Life & Health Ins. Co., 127 Nev. Adv. Op. No. 83, Joseph Bowen
Nevada Supreme Court Summaries
An appeal from a district court order granting a motion to dismiss in a tort action.
Summary Of Klasch V. Walgreen Co., 127 Nev. Adv. Op. 74, Cameron Daw
Summary Of Klasch V. Walgreen Co., 127 Nev. Adv. Op. 74, Cameron Daw
Nevada Supreme Court Summaries
An appeal from a district’s grant of court summary judgment in a wrongful death action involving a pharmacist’s duty of care.
Summary Of Estate Of Smith V. Mahoney’S Silver Nugget, 127 Nev. Adv. Op. No. 76, Colin Seale
Summary Of Estate Of Smith V. Mahoney’S Silver Nugget, 127 Nev. Adv. Op. No. 76, Colin Seale
Nevada Supreme Court Summaries
The Court considered a plaintiff’s appeal of a district court’s granting of summary judgment for in a wrongful death action.
Summary Of Cervantes V. Health Plan Of Nev., Inc. Et Al., 127 Nev. Adv. Op. 70, Kelli M. Devaney
Summary Of Cervantes V. Health Plan Of Nev., Inc. Et Al., 127 Nev. Adv. Op. 70, Kelli M. Devaney
Nevada Supreme Court Summaries
An appeal of the Eighth Judicial District Court’s grant of summary judgment in a tort action.
Summary Of Tuxedo International Inc. V. Rosenberg, 127 Nev. Adv. Op. No. 2, Nechole Garcia
Summary Of Tuxedo International Inc. V. Rosenberg, 127 Nev. Adv. Op. No. 2, Nechole Garcia
Nevada Supreme Court Summaries
Appeal from the Eighth Judicial District Court’s dismissal of a complaint that alleged tort claims arising out of a contract containing a forum selection clause.
Summary Of Fanders V. Riverside Resort & Casino, 126 Nev. Adv. Op. No. 50, Bracken Longhurst
Summary Of Fanders V. Riverside Resort & Casino, 126 Nev. Adv. Op. No. 50, Bracken Longhurst
Nevada Supreme Court Summaries
An appeal of an Eighth Judicial District Court’s summary judgment in a tort action against a former employer and co-employees based on the exclusivity provisions of the workers’ compensation statutes that arose around the time of employment termination.
Summary Of San Juan V. Psc Industrial Outsourcing, 126 Nev. Adv. Op. 35, Jonathan Winn
Summary Of San Juan V. Psc Industrial Outsourcing, 126 Nev. Adv. Op. 35, Jonathan Winn
Nevada Supreme Court Summaries
The Supreme Court affirmed the district court’s summary judgment ruling in favor of PSC as to third party vicarious liability for the torts of an independent contractor. Specifically, the court held PSC, as hirer of independent contractor DTI, was not liable under the peculiar risk doctrine regardless of whether the independent contractor was incompetent or insolvent.
Summary Of Boorman V. Nevada Memorial Cremation Society And Clark County Coroner’S Office, 126 Nev. Adv. Op. No. 29, David Krawczyk
Summary Of Boorman V. Nevada Memorial Cremation Society And Clark County Coroner’S Office, 126 Nev. Adv. Op. No. 29, David Krawczyk
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Strickland V. Waymire, 126 Nev. Adv. Op. No. 25, Keith Pickard
Summary Of Strickland V. Waymire, 126 Nev. Adv. Op. No. 25, Keith Pickard
Nevada Supreme Court Summaries
Appeal from a district court summary judgment ordering appellants’ recall elections to proceed based upon a reading of Article 2, Section 9 of the Nevada Constitution whereby any registered voter may sign the recall petition to reach the 25% numerical threshold. The Supreme Court unanimously held that only those voters who actually voted in the election which seated the officials may count toward the 25% threshold.
Summary Of Renown Health, Inc. V. Vanderford, 126 Nev. Adv. Op. No. 24, Kristopher Milicevic
Summary Of Renown Health, Inc. V. Vanderford, 126 Nev. Adv. Op. No. 24, Kristopher Milicevic
Nevada Supreme Court Summaries
Appeal from a district court’s interlocutory order granting partial summary judgment to Vanderford based on the imposition of a nondelegable duty on Renown Health, Inc. The question on appeal was whether a hospital owes an absolute nondelegable duty to provide competent medical care to emergency room patients through independent contractor doctors.
Summary Of Betsinger V. D.R. Horton, Inc., Et Al., 126 Nev. Adv. Op. No. 17, Mark Hesiak
Summary Of Betsinger V. D.R. Horton, Inc., Et Al., 126 Nev. Adv. Op. No. 17, Mark Hesiak
Nevada Supreme Court Summaries
An appeal and cross appeal from a jury verdict in favor of prospective home buyer who prevailed in a deceptive trade practice action against a home builder and its financing division.