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Articles 1 - 30 of 117
Full-Text Articles in Law
In Re Change Of Name: Salazar, 138 Nev. Adv. Op. 69 (Oct. 20, 2022), Theodore Milk
In Re Change Of Name: Salazar, 138 Nev. Adv. Op. 69 (Oct. 20, 2022), Theodore Milk
Nevada Supreme Court Summaries
In an opinion drafted by Justice Hardesty, the Nevada Supreme Court considered whether a district court must provide reasons for denying an adult name change petition. In adopting a new standard, the Court found that a district court must provide substantial and principled reasons for denying an adult name-change petition. The Court held that the district court abused its discretion when it denied appellant Salazar’s name change petition without explanation.
Sweet V. Hisgen, 138 Nev. Adv. Op. 68 (Oct. 20, 2022), Sydnee Mongeon
Sweet V. Hisgen, 138 Nev. Adv. Op. 68 (Oct. 20, 2022), Sydnee Mongeon
Nevada Supreme Court Summaries
When determining the proper identity of an “authorized person,” the Court must look at the laws of the foreign state where the will was executed. So, if a notary is an “authorized person” in the country the will was executed, Nevada must accept the will as valid when signed by a notary. Further, NRS 133A.050(2) and NRS 133.080(1) allow a will that fails to comply with the UIWA, to be probated if it complies with NRS 133. Also, courts must construe wills to avoid intestacy and the term “universal heir” implies that the person is the heir to the entire …
Yafchak V. S. Las Vegas Med. Inv’Rs., 138 Nev. Adv. Op. 70 (Oct. 27, 2022), Colin Meenk
Yafchak V. S. Las Vegas Med. Inv’Rs., 138 Nev. Adv. Op. 70 (Oct. 27, 2022), Colin Meenk
Nevada Supreme Court Summaries
Professional negligence complaints are distinct from elder abuse complaints, with only the former requiring an affidavit of merit attached to the complaint. Where the type of complaint is unclear in regard to professional negligence and elder abuse, courts must look to the substance of the complaint to determine the scope and assess whether attachment of an affidavit of merit is statutorily required.
Uber Tech., Inc. V. Royz, 138 Nev. Adv. Op. 66 (Sept. 29, 2022), Mark Mulhall
Uber Tech., Inc. V. Royz, 138 Nev. Adv. Op. 66 (Sept. 29, 2022), Mark Mulhall
Nevada Supreme Court Summaries
The Nevada Supreme Court is bound to the United States’ Supreme Court decision in Schein regarding contacts governed by the Federal Arbitration Act (FAA). Therefore, when parties enter into an arbitration agreement that clearly and unmistakably delegates the arbitrability threshold question to the arbitrator, the district court must refer the case to arbitration even if the district court concludes the dispute is not subject to the arbitration agreement
Airbnb, Inc. V. Rice, 138 Nev. Adv. Op. 65 (Sept. 29, 2022), Roberto Nolasco-Cruz
Airbnb, Inc. V. Rice, 138 Nev. Adv. Op. 65 (Sept. 29, 2022), Roberto Nolasco-Cruz
Nevada Supreme Court Summaries
When parties clearly and unmistakably delegate the issue of arbitrability to an arbitrator, the United States Supreme Court held in Henry Schein, Inc. v. Archer & White Sales, Inc., that, under the Federal Arbitration Act (FAA), a court has no power to determine the arbitrability of a dispute where the contract delegates the arbitrability question to an arbitrator, even if the argument that the arbitration agreement applies to the dispute is “wholly groundless.” Courts err when deciding on an arbitrability question itself if the required standard established in Henry Schein has been met.
Eby V. Johnston Law Office, P.C., 138 Nev. Adv. Op. 56 (Sep. 08, 2022), Davit Sargsian
Eby V. Johnston Law Office, P.C., 138 Nev. Adv. Op. 56 (Sep. 08, 2022), Davit Sargsian
Nevada Supreme Court Summaries
The Nevada Supreme Court affirmed the district court’s decision to strike the second amended complaint and reversed the decision to dismiss the remaining malpractice claim with prejudice. According to Nevada’s Uniform Power of Attorney Act, the Court held a non-lawyer agent working under a power of attorney regarding claims and litigation could not litigate an action pro se in place of the principal or engage in the practice of law on the principal’s behalf. The trial court correctly held that the appellant’s non-lawyer agent under a power of attorney was engaged in the unauthorized practice of law. The decision to …
State Of Nevada V. Charles Wade Mccall, 138 Nev. Adv. Op. 64 (Sep. 22, 2022), Kiana Parkes
State Of Nevada V. Charles Wade Mccall, 138 Nev. Adv. Op. 64 (Sep. 22, 2022), Kiana Parkes
Nevada Supreme Court Summaries
In an opinion written by Justice Stiglich, the Court clarifies whether a protective sweep is lawful when a prior arrest did not occur. The Court looked to other courts to determine if a prior arrest should be a requirement of a protective sweep. The majority approach adopted by courts was that an arrest does not have to occur prior to a protective sweep. This Court agreed with the majority approach and analyzed the lawfulness of the protective sweep in this case. Although the protective sweep in this case occurred before an arrest was made, the Court still found the protective …
Johnston V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 67 (Oct. 6, 2022), Joe Morgan
Johnston V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 67 (Oct. 6, 2022), Joe Morgan
Nevada Supreme Court Summaries
A defendant is constitutionally entitled to a prompt hearing after being taken into custody from pretrial release, and at that hearing, the State bears the burden of demonstrating probable cause. A violation of a condition of a pretrial release may lead to statutory sanctions, and the court does not recognize a distinction between so-called “technical” and “substantive” violations. NRS 178.4851 and Valdez-Jimenez require the district court to make findings of fact on the record that each condition of pretrial release is the least restrictive means of ensuring public safety and the defendant’s return to court.
Las Vegas Police Protective Association, Inc. V. The Eighth Judicial District Court, 138 Nev. Adv. Op. 59 (Aug. 18, 2022), Benjamin Reber
Las Vegas Police Protective Association, Inc. V. The Eighth Judicial District Court, 138 Nev. Adv. Op. 59 (Aug. 18, 2022), Benjamin Reber
Nevada Supreme Court Summaries
In order to intervene as a necessary third party, the motion to intervene must be filed before a final judgement has been entered that resolves the case. Additionally, even though the Las Vegas Police Protective Association attempted to intervene too late, the Court considered whether they were a necessary party at all. The Court concluded that they were not a necessary party because their absence would not impair or impede any of their interests.
Locker V. State Of Nevada, 138 Nev. Adv. Op. 62 (Sep. 1, 2022), Michael Pappas
Locker V. State Of Nevada, 138 Nev. Adv. Op. 62 (Sep. 1, 2022), Michael Pappas
Nevada Supreme Court Summaries
A first or second conviction for a category E felony possession of a schedule I or schedule II narcotic under fourteen grams requires the district court to defer conviction when the defendant consents to a drug treatment plan under NRS 176.211(3)(a)(1). When that statute applies, the courts have no discretion; it must defer to a drug rehabilitation program if the defendant consents.
Elk Point Country Club Hoa V. K. H. Brown, Llc, 138 Nev. Adv. Op. 60 (Aug. 18, 2022), Alexander Provan
Elk Point Country Club Hoa V. K. H. Brown, Llc, 138 Nev. Adv. Op. 60 (Aug. 18, 2022), Alexander Provan
Nevada Supreme Court Summaries
When a planned communities’ governing documents restrict real property use to residential use only, NRS 116.340(1)(a) permits a real property owner to use real property for transient commercial use so long as the governing documents of the community do not prohibit such use. Transient commercial use is the use of property, for remuneration, as transient lodging, if the term of occupancy is thirty days or less—i.e., short-term rentals. It is a reversable error to interpret bylaws and governing documents as prohibiting rentals when they use the terms “tenants” and
Matkulak V. Davis, 138 Nev. Adv. Op. 61 (Sept. 01, 2022), Sam Pope
Matkulak V. Davis, 138 Nev. Adv. Op. 61 (Sept. 01, 2022), Sam Pope
Nevada Supreme Court Summaries
Deviations from the Nevada Administration Code’s framework for calculating a parent’s base child support obligations may not exceed the party’s total obligation. Furthermore, a district court’s decision to award reasonable attorney fees and costs will stand absent an abuse of discretion. Here, the district court deviated from NAC 425.150(1)’s framework and increased the appellant’s child support obligation by nearly $2,000 per month over NAC 425.140’s base child support obligation. This deviation exceeded the appellant’s monthly total obligation which the district court calculated to $823.04. Therefore, the Supreme Court of Nevada reversed the district court’s decision and remanded with instructions to …
Federal National Mortgage Ass'n V. Westland Liberty Village, Llc, 138 Nev. Adv. Op. 57 (Aug 11, 2022), D'Ahna Scott
Federal National Mortgage Ass'n V. Westland Liberty Village, Llc, 138 Nev. Adv. Op. 57 (Aug 11, 2022), D'Ahna Scott
Nevada Supreme Court Summaries
Federal National Mortgage Association v. Westland Liberty Village, LLC required the Nevada Supreme Court to clarify when a lender or its assignee is entitled to the appointment of a receiver after a borrower defaults on a real property loan agreement. In doing so, the Court interpreted two Nevada Statutes, NRS 32.260 and NRS 107A.260(1)(a)(1).2 Together, these statues provide when the appointment of a receiver is based on the discretion of the court or is a matter of right. Here, The Nevada Supreme Court held that the borrower, Westland Liberty Village (Westland) defaulted on their loan agreement with National Mortgage Association …
Martel V. Hg Staffing, Llc, 138 Nev. Adv. Op. 56 (Sept. 08, 2022), Giacomo (Jack) Silvestri
Martel V. Hg Staffing, Llc, 138 Nev. Adv. Op. 56 (Sept. 08, 2022), Giacomo (Jack) Silvestri
Nevada Supreme Court Summaries
The Nevada Supreme Court affirmed the district court’s dismissal and judgment against claims made by a class of employees against their previous employer, HG Staffing, LLC. The Court made four major findings. First, the two-year limitations period applies to wage claims arising under NRS 608.016, NRS 608.018, NRS 680.020, and NRS 680.050. Second, a Collective Bargaining Agreement (CBA) need not be signed by the parties or unexpired; mutual assent is enough to validate the agreement. Third, if claims for wages are already time barred, employees cannot try to penalize the employer under NRS 608.040. Finally, if an active CBA contains …
Ceballos V. Np Palace, Llc, 138 Nev. Adv. Op. 58 (August. 11, 2022), Lindsay Reynolds
Ceballos V. Np Palace, Llc, 138 Nev. Adv. Op. 58 (August. 11, 2022), Lindsay Reynolds
Nevada Supreme Court Summaries
NRS 613.333 creates a private right of action in favor of an employee discharged from employment for engaging in the lawful use in this state of any product outside the employer’s premises during the employee’s nonworking hours. Although marijuana is legal in Nevada, because federal law criminalizes marijuana in Nevada, its use is not “lawful . . . in this state” and, therefore, does not provide for a private right of action. Further, an employee discharged for testing positive for recreational marijuana at work does not have a common-law tortious discharge claim under NRS 678D.510(1)(a).
The Protection Of Professional Esports Players Against Physical And Mental Health Problems Under The International Covenant On Economic, Social And Cultural Rights, Tsubasa Shinohara
The Protection Of Professional Esports Players Against Physical And Mental Health Problems Under The International Covenant On Economic, Social And Cultural Rights, Tsubasa Shinohara
UNLV Gaming Law Journal
No abstract provided.
The Oral History Of Constance R. Jones, Constance R. Jones
The Oral History Of Constance R. Jones, Constance R. Jones
UNLV Gaming Law Journal
No abstract provided.
Sports Betting Blitz: Advertising Inundation In The U.S. Market Post-Paspa And Steps Operators Can Take To Avoid Further Regulation And Legislation, Serena T. Ruedas
Sports Betting Blitz: Advertising Inundation In The U.S. Market Post-Paspa And Steps Operators Can Take To Avoid Further Regulation And Legislation, Serena T. Ruedas
UNLV Gaming Law Journal
No abstract provided.
Fraternity And Sorority Social Event Liability: The Legal Landscape And Solutions, Gregory S. Parks, Victoria Grieshammer
Fraternity And Sorority Social Event Liability: The Legal Landscape And Solutions, Gregory S. Parks, Victoria Grieshammer
Nevada Law Journal
No abstract provided.
Online Gaming: A Good Bet For Money Laundering? An Analysis Of Money Laundering In The Canadian Online Gaming Industry, Robin Ketcheson
Online Gaming: A Good Bet For Money Laundering? An Analysis Of Money Laundering In The Canadian Online Gaming Industry, Robin Ketcheson
UNLV Gaming Law Journal
No abstract provided.
Tribal Casinos And Online Gaming: Hurdles In Modifying State Charters To Meet The Digital Era, Koichi R. Aton
Tribal Casinos And Online Gaming: Hurdles In Modifying State Charters To Meet The Digital Era, Koichi R. Aton
UNLV Gaming Law Journal
No abstract provided.
A Billion-Dollar Mistake: Restitution And The Discharge-For-Value Rule, Layne S. Keele
A Billion-Dollar Mistake: Restitution And The Discharge-For-Value Rule, Layne S. Keele
Nevada Law Journal
No abstract provided.
Shifting The Paradigm: An Abolitionist Analysis Of The Recent Juvenile Justice “Revolution”, Beth Caldwell
Shifting The Paradigm: An Abolitionist Analysis Of The Recent Juvenile Justice “Revolution”, Beth Caldwell
Nevada Law Journal
No abstract provided.
Death And Disability: The Need For A Federal Standard, Alix R. Goldstein
Death And Disability: The Need For A Federal Standard, Alix R. Goldstein
Nevada Law Journal
No abstract provided.
The Conduit Theory Of Secondary Liability In Patent And Copyright Law, Tun-Jen Chiang
The Conduit Theory Of Secondary Liability In Patent And Copyright Law, Tun-Jen Chiang
Nevada Law Journal
No abstract provided.
Reading The Court’S Lips: Reevaluating Nevada’S Supermajority Requirement In The Wake Of Settelmeyer, Samuel Holt
Reading The Court’S Lips: Reevaluating Nevada’S Supermajority Requirement In The Wake Of Settelmeyer, Samuel Holt
Nevada Law Journal
No abstract provided.
Myers V. Haskins, 138 Nev. Adv. Op. 51 (Nev. Ct. App. June 30, 2022), Olivia Williamson
Myers V. Haskins, 138 Nev. Adv. Op. 51 (Nev. Ct. App. June 30, 2022), Olivia Williamson
Nevada Supreme Court Summaries
This case concerns whether the district court properly denied a motion to modify custody of a minor under Rooney. Since that decision in the early 1990’s, attorneys and district court judges have been unclear on what sources and allegations can be considered in determining a potentially meritorious claim. Caleb Haskins and Lisa Myers, parents of S.H., disputed whether a district court must consider alleged facts or offers of proof by the nonmovant. The Court of Appeals held that a district court must generally only consider properly alleged facts in the movant’s verified pleadings, affidavits, or declarations in determining if the …
Torremoro V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 54 (July 07, 2022), Mackenzie Sullivan
Torremoro V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 54 (July 07, 2022), Mackenzie Sullivan
Nevada Supreme Court Summaries
The Supreme Court of Nevada addressed the standard for substituting an expert witness after the close of discovery and considered whether the district court abused its discretion in modifying the scheduling order, reopening discovery, and granting the motion to substitute. Torremoro requested a writ of mandamus requesting this Court to instruct the district court to reverse its order allowing substitution of an expert witness. The Court found that NRCP 16(b)(4)’s “good cause” test, in combination with any relevant local rules, provides the standard governing when a district court may modify a scheduling order. 2 The Court also concluded that the …
R.J. Reynolds Tobacco Co. V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 55 (July 28, 2022), Christopher Sommers
R.J. Reynolds Tobacco Co. V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 55 (July 28, 2022), Christopher Sommers
Nevada Supreme Court Summaries
In an opinion drafted by Justice Cadish, the Court clarifies whether a plaintiff has the standing to assert a deceptive trade practice claim under NRS 41.600(1) when the plaintiff never purchased or used products manufactured by the defendant. The Court found that a plaintiff has standing as long as they can show they are directly harmed by the deceptive trade practices of the defendant. Additionally, it found that the plaintiffs pleaded sufficient facts, including that they were directly harmed by the petitioner’s false and misleading advertising. Thus, the Court denied the defendant’s petition for writ relief.
Artmor Invs., Llc V. Nye Cnty., 138 Nev. Adv. Op. 53 (July 7, 2022), Josette Vanderlaan
Artmor Invs., Llc V. Nye Cnty., 138 Nev. Adv. Op. 53 (July 7, 2022), Josette Vanderlaan
Nevada Supreme Court Summaries
NRS 361.610(4) requires claimants for excess proceeds from tax sales to file a claim within one year of the deed’s recording. One timely filed claim under the statute does not toll or terminate the one-year deadline for other claimants entitled to a portion of the excess proceeds. Further, counties are not required to distribute excess proceeds to all former owners when only a portion has been timely claimed.