Law Commons^™

Summary Of Brown Insurance Agency, Inc. V. Star Insurance Co., 126 Nev. Adv. Op. No. 31, Ammon Francom

Nevada Supreme Court Summaries

An appeal from a district court order granting summary judgment.

Summary Of Citizens Of Reno V. Citizens For Cold Springs, 126 Nev. Adv. Op. 27, Thomas D. Pilkington

Nevada Supreme Court Summaries

Appeal from a district court’s finding that the City failed to properly amend the Reno Master Plan (“RMP”) and finding that the City violated former Reno Municipal Code (“RMC”) §18.06.404(d)(1)(b).

Summary Of Quinlan V. Camden Usa Inc., 126 Nev. Adv. Op. No. 30, Zachary Lowe

Nevada Supreme Court Summaries

Appeal from district court’s award of attorney fees and costs in favor of Camden pursuant to a rejected offer of judgment on behalf of Quinlan. The Court decided whether Nevada would adopt an implied consent to service by facsimile for an offer of judgment under NRS 17.115 and NRCP 68.M

Summary Of Carrigan V. Comm. On Ethics, 129 Nev. Adv. Op. 95, Edward Wynder

Nevada Supreme Court Summaries

Appeal from a district court order denying a petition for judicial review from a decision of the Nevada Commission on Ethics, determining whether the censure of an elected public officer for alleged voting violations under NRS 281A.420(2)(c) violates the First Amendment.

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 Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Ramirez V. State, 126 Nev. Adv. Op. No. 22, Anthony R. Sassi

Nevada Supreme Court Summaries

This is an appeal from a judgment of conviction in the Second Judicial District Court, pursuant to a jury verdict of second-degree felony murder by means of child abuse, neglect, or endangerment.

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

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 Reno Newspapers, Inc. V. Haley, 125 Nev. Adv. Op. 23, Daniel M. Ryan

Nevada Supreme Court Summaries

This case is an appeal from a district court order denying the Reno Gazette Journal’s (“RGJ”) petition for a writ of mandamus. The RGJ had petitioned the district court to compel the Washoe County Sheriff, Mike Haley, to allow the RGJ to inspect and copy the concealed weapon records of Nevada Governor Jim Gibbons.

Summary Of Great Basin Water Network V. State Eng’R, 126 Nev. Adv. Op. No. 2, Jason Vanmeetren

Nevada Supreme Court Summaries

A 2003 amendment to section 533.3702 of the Nevada Revised Statutes, empowered the State Engineer to postpone taking action on water appropriation applications “[for] municipal use,” where disputants filed applications within one year prior to the amendment.

Summary Of Polk V. Nevada, 126 Nev. Adv. Op. No. 19, John L. Ward

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Marvin V. Fitch, 126 Nev. Adv. Op. No. 18, Ammon Francom

Nevada Supreme Court Summaries

An appeal from a district court order of dismissal, certified as final under NRCP 54(b), in a 42 U.S.C. § 1983 action.

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.

Summary Of Thomas V. Hardwick, 126 Nev. Adv. Op. No. 16, Amanda Hogeg

Nevada Supreme Court Summaries

A multi-faceted appeal from jury verdict entered in favor of defense in wrongful death suit.

Summary Of In Re Sandoval, 126 Nev. Adv. Op. No. 15, Amy Kominsky

Nevada Supreme Court Summaries

This case is a certified question that originates from the United States Bankruptcy Court for the District of Nevada to determine whether a default judgment entered for failure to respond to a valid complaint has issue preclusive effects.

Summary Of Easton Business Opportunities, Inc. V. Town Executive Suites - E. Marketplace, Llc, 126 Nev. Adv. Op. No. 13, Kimberly Duque

Nevada Supreme Court Summaries

A multi-faceted appeal involving interpretion of a real estate brokerage agreement that included an “extender” clause.

Summary Of State Of Nevada, Dmv V. Taylor-Caldwell, 125 Nev. Adv. Op. No. 14 , David Krawczyk

Nevada Supreme Court Summaries

Consideration of whether Nev. Rev. Stat. §484.384 mandates driver’s license revocation when two consecutive breath samples are obtained from a DUI suspect and only one breath sample tests over the legal limit for alcohol.

Elawyering And The Future Of Legal Work, Richard Granat, Blair Janis, Stephanie Kimbro, Marc Lauritsen

Continuing Legal Education (CLE) Lecture Series

eLawyering is doing legal work – not just marketing it – over the Web. Pioneering practitioners have found dramatic new ways to communicate and collaborate with clients and other lawyers, produce documents, settle disputes, interact with courts, and manage legal knowledge. There are exciting initiatives underway now that deserve attention by all lawyers – present and future. The legal profession is being disrupted from without and from within. To be successful in the coming era, lawyers will need to know how to practice over the Web, manage client relationships in cyberspace, and offer “unbundled” services. This program discusses the knowledge …

Summary Of Posas V. Horton, 126 Nev. Adv. Op. No. 12, Amy C. Ma

Nevada Supreme Court Summaries

Appeal from a district court judgment entering a jury verdict in favor of the defendant, where the district court gave the jury sudden-emergency instruction for an automobile collision case.

Sacrificing Diversity For “Quality”: How Judicial Performance Evaluations Are Failing Women & Minorities, Rebecca Wood, Sylvia R. Lazos, Mallory Waters

Scholarly Works

Because voters rely on judicial performance evaluations when casting their ballots, it is important that policymakers work diligently to compile valid, reliable and unbiased information about our sitting judges. This paper analyzes attorney surveys of judicial performance in Nevada from 1998‐2008. The survey instrument is similar to those used throughout the country for judicial evaluation programs. Unfortunately, none of the readily‐obtainable objective measures of judicial performance can explain away difference in scores based on race and sex. Minority judges and female judges score consistently and significantly lower than do their white male counterparts, all other things equal. These results are …

Faculty Newsletter - Spring 2010, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Faculty Newsletters

This newsletter features discussions about: (i) the reorganized website, (ii) Scholarly Commons @ UNLV Law, (iii) TWEN, LexisNexis Web Course, and Web Campus, (iv) past exams, and (v) new acquisitions.

Erasing Boundaries: Masculinities, Sexual Minorities, And Employment Discrimination, Ann C. Mcginley

Scholarly Works

This Article analyzes the application of employment discrimination law to sexual minorities--lesbians, gays, bisexuals, transgender and intersex individuals. It evaluates Title VII and state anti-discrimination laws' treatment of these individuals, and is the first article to use masculinities research, theoretical and empirical, to explain employment discrimination against sexual minorities. While the Article concludes that new legislation would further the interests of sexual minorities, it posits that it is neither necessary nor sufficient to solving the employment discrimination problems of sexual minorities. A major problem lies in the courts' binary view of sex and gender, a view that identifies men and …

What Is The Sound Of A Corporation Speaking? “Just Another Voice,” According To The Supreme Court, Linda L. Berger

Scholarly Works

When the Supreme Court overrules itself, and reaches a result different from the conclusions of Congress, the Executive Branch, and more than 20 state legislatures, the Court has the burden of persuasion. Did the five justices in the majority in Citizens United v. Federal Election Commission meet that burden? The author argues that the answer is no, setting aside the question of whether the majority reached the "right" conclusion about the constitutionality of limiting corporate spending in election campaigns. In this essay, the author explains her answer and addresses a related question: did the Citizens United majority observe the rules …

Summary Of Saylor V. Arcotta, 126 Nev. Adv. Op. 9, Karlee Phelps

Nevada Supreme Court Summaries

The Court held that the district court erred in granting summary judgment and dismissing appellant’s equitable indemnity and contribution claims. Equitable indemnity and contribution claims are governed by statutes of limitation, separate from the statute applicable to the underlying tort. Accordingly, the Court reversed the grant of summary judgment and remanded to the district court for further proceedings.

Summary Of Schwartz V. Schwartz, 126 Nev. Adv. Op. No. 8, Keith Pickard

Nevada Supreme Court Summaries

Appeal from an Eighth Judicial District Court divorce decree and post-decree orders denying motion for new trial in property distribution issues. The Supreme Court held that a district court should assess not only age disparity but also life expectancy and continuing health when conducting a full and proper analysis of whether lump-sum alimony awards are appropriate.

Once Upon A Time In Law: Myth, Metaphor, And Authority, Linda H. Edwards

Scholarly Works

We have long accepted the role of narrative in fact statements and jury arguments, but in the inner sanctum of analyzing legal authority? Surely not. Yet cases, statutes, rules, and doctrines all have stories of their own. When we talk about legal authority, using our best formal logic, we are actually swimming in a sea of narrative, oblivious to the water around us. As the old Buddhist saying goes, "We don’t know who discovered the ocean, but it probably wasn’t a fish."

This article teases out several familiar archetypes hidden in discussions of cases and statutes. In the midst of …

Summary Of Foster V. Dingwall, 126 Nev. Adv. Op. No. 5, Anthony R. Sassi

Nevada Supreme Court Summaries

The Court clarifies and explains the procedure announced in Huneycutt v. Huneycutt 2 for seeking a remand to the district court to alter, vacate, or otherwise modify or change a district court order or judgment after an appeal to the Supreme Court has been perfected. Additionally, the Court explains that the perfection of the appeal does not toll the six-month period for seeking NRCP 60(b)(2) relief.

Summary Of Naiw V. Nevada Self-Insurers Ass’N, 126 Nev. Adv. Op. 7, Thomas D. Pilkington

Nevada Supreme Court Summaries

Feb. 25, 2010

Summary Of Dictor V. Creative Mgmt. Servs., Llc, 126 Nev. Adv. Op. No. 4, Tenesa S. Scaturro

Nevada Supreme Court Summaries

Appeal of district court order granting summary judgment.