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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).