Open Access. Powered by Scholars. Published by Universities.®
Articles 31 - 60 of 76
Full-Text Articles in Law
Summary Of Southern Nevada Homebuilders Association V. Clark County, 121 Nev. Adv. Op. 46, Wayne Klomp
Summary Of Southern Nevada Homebuilders Association V. Clark County, 121 Nev. Adv. Op. 46, Wayne Klomp
Nevada Supreme Court Summaries
On a request for declaratory relief from Clark County and various citizens groups, the district court declared valid a zoning ordinance requiring a two-thirds majority vote of the Clark County Commissioners for the approval of all non-conforming zone change applications. The district court concluded on a motion for summary judgment that the ordinance was valid. Southern Nevada Homebuilders Association (“SNHA”) appealed the decision of the district court.
Summary Of Kahn V. Morse & Mowbray, 121 Nev. Adv. Op. 48, Hagar Labouz
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 Whisler V. State, 121 Nev. Adv. Op. 40, Jared R. Gibb
Summary Of Whisler V. State, 121 Nev. Adv. Op. 40, Jared R. Gibb
Nevada Supreme Court Summaries
The defendant, Douglas Whisler, appealed his conviction for driving while under the influence of controlled substances or chemicals.
Summary Of Lee V. Ball, 121 Nev. Adv. Op. 38, Jared R. Gibb
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 Fiegehen V. State, 121 Nev. Adv. Op. 30, Michael Shalmy
Summary Of Fiegehen V. State, 121 Nev. Adv. Op. 30, Michael Shalmy
Nevada Supreme Court Summaries
An intruder entered a residence, killed one person and shot another. The victim placed a 911 call, but within minutes, the 911 connection went dead. Sheriff's deputies arrived at the residence shortly thereafter and found one victim alive, lying on the floor in a pool of blood. The telephone line nearby had been cut. A body was discovered on a deck outside. Evidence implicated Christopher Fiegehen as the primary suspect. However, he abruptly fled Nevada on the day of the crime. Two months later, he was stopped and questioned by police officers in Indiana, where they apprehended him after a …
Summary Of Wilson V. State, 121 Nev. Adv. Op. 34, Kathleen L. Fellows
Summary Of Wilson V. State, 121 Nev. Adv. Op. 34, Kathleen L. Fellows
Nevada Supreme Court Summaries
A jury convicted Wiley Gene Wilson of four counts of use of a minor in the production of pornography and four counts of possession of visual presentations depicting sexual conduct of a person under sixteen years of age. Wilson appealed, arguing that his four convictions for using a child in a sexual performance were redundant convictions. In September of 2001, Wilson and the ten-year-old female victim (M.T.) left M.T.'s father's trailer to attend to errands related to installing a satellite television system. Apparently, while running errands and stuck in traffic, M.T. urinated in her clothing. Subsequently, Wilson took M.T. to …
Summary Of Matter Of Harrison Living Trust, 121 Nev. Adv. Op. 26, Jarrod Rickard
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 State V. Dist. Court (Riker), 121 Nev. Adv. Op. 25, Kimberly Lou
Summary Of State V. Dist. Court (Riker), 121 Nev. Adv. Op. 25, Kimberly Lou
Nevada Supreme Court Summaries
The State of Nevada convicted David Robert Riker (“Riker”) for murder. Riker filed two sets of post-conviction petitions for the writ of habeas corpus—one in 1998 and one in 2004. The district court denied the 1998 petition, but granted the 2004 petition and an evidentiary hearing. The State of Nevada petitioned the Nevada Supreme Court for a writ of mandamus or prohibition arguing that Riker’s habeas corpus claims are procedurally barred and that the district court exceeded its jurisdiction in granting a hearing. The Nevada Supreme Court agreed in part with the State and ordered the district court to apply …
Summary Of Mitchell V. Clark County Sch. Dist., 121 Nev. Adv. Op. 21, Chris Orme
Summary Of Mitchell V. Clark County Sch. Dist., 121 Nev. Adv. Op. 21, Chris Orme
Nevada Supreme Court Summaries
Julie Mitchell, a Clark County classroom teacher, inexplicably fell down a flight of stairs while at work. The Court held that stairs, in and of themselves, and other things that are not peculiar to the employment environment, are not sufficiently dangerous to be the cause of a workers’ compensation claim.
Summary Of Rosky V. State, 121 Nev. Adv. Op. No. 22, Jason Peck
Summary Of Rosky V. State, 121 Nev. Adv. Op. No. 22, Jason Peck
Nevada Supreme Court Summaries
Police executed a search warrant at John Rosky’s apartment as part of an investigation into the sexual assault of a 13-year-old girl. Two police officers eventually drove Rosky to a police substation for questioning but they did not formally arrest him or administer Miranda warnings. Police informed Rosky that his participation was voluntary and that he was free to leave at any time. At one point during the questioning, Rosky took a ten-minute break and went outside the police station unaccompanied by the detectives. The detectives used mild forms of deception and confronted Rosky with their belief that he was …
Summary Of Viray V. State, 121 Nev. Adv. Op. 19, Chris Orme
Summary Of Viray V. State, 121 Nev. Adv. Op. 19, Chris Orme
Nevada Supreme Court Summaries
A jury convicted Benjardi Batucan Viray for lewdness with a minor. He appealed claiming that there was an improper inclusion of new information at a preliminary hearing and that this inclusion was sufficient to declare a mistrial. The Nevada Supreme Court held that a change in the factual situation is not sufficient to declare a mistrial if the inclusion of new information does not affect the defendant’s substantial rights and the charged offense remained the same. The second issue was whether a court should declare a mistrial when a juror disregards the admonishment of the court to not speak about …
Summary Of Miller V. State, 121 Nev. Adv. Op. 10 And Summary Of Daniel V. State, 121 Nev. Adv. Op. 11, Hagar Labouz
Summary Of Miller V. State, 121 Nev. Adv. Op. 10 And Summary Of Daniel V. State, 121 Nev. Adv. Op. 11, Hagar Labouz
Nevada Supreme Court Summaries
Both Miller and Daniel arise out of a Las Vegas Metropolitan Police Department (LVMPD) decoy program designed to combat an increase in street-level robberies occurring in downtown Las Vegas. In Miller, a detective with the LVMPD disguised himself as an intoxicated vagrant and carried exposed cash in his pocket. The detective then positioned himself across from a bus station and leaned against a chain link fence. Richard Miller, an individual walking down the street, approached the detective and asked him for money. When the detective refused, Miller pulled the detective closer to him and took the cash from the detective’s …
Summary Of Aviation Ventures, Inc. V. Joan Morris, Inc., 121 Nev. Adv. Op. 13, 110 P.3d 59, Bryce Loveland
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 Sparks V. State, 120 Nev. Adv. Op. 12, Bryce Loveland
Summary Of Sparks V. State, 120 Nev. Adv. Op. 12, Bryce Loveland
Nevada Supreme Court Summaries
The Nevada Supreme Court held that “Failure to Appear” clauses are not unconscionable in plea agreements and upheld one in this case.c
Summary Of Rttc Communications, Inc. V. The Saratoga Flier, Inc., 121 Nev. Adv. Op. 6, Patrick Murch
Summary Of Rttc Communications, Inc. V. The Saratoga Flier, Inc., 121 Nev. Adv. Op. 6, Patrick Murch
Nevada Supreme Court Summaries
Appeal from a final district court judgment in a contract dispute and an order awarding attorney fees.
Summary Of Carver V. El-Sabawi, 121 Nev. Adv. Op. 3, Kathleen L. Fellows
Summary Of Carver V. El-Sabawi, 121 Nev. Adv. Op. 3, Kathleen L. Fellows
Nevada Supreme Court Summaries
An appeal from a district court judgment challenging a jury instruction, which included both a “mere happening instruction” and a res ipsa loquitur instruction, in a medical malpractice case.
Summary Of Rhymes V. State, 121 Nev. Adv. Op. 4 , Patrick Murch
Summary Of Rhymes V. State, 121 Nev. Adv. Op. 4 , Patrick Murch
Nevada Supreme Court Summaries
Appeal from a judgment of conviction, pursuant to a jury verdict, on charges of lewdness with a minor under the age of fourteen.
Summary Of Reno Hilton Resort Corp. V. Verderber, 121 Nev. Adv. Rep. 1 , Robert M. Henriksen
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 Cheung V. Dist. Ct., 121 Nev. Adv. Op. 83, 124 P.3d 550, Richard D. Chatwin
Summary Of Cheung V. Dist. Ct., 121 Nev. Adv. Op. 83, 124 P.3d 550, Richard D. Chatwin
Nevada Supreme Court Summaries
Plaintiff Amy Cheung was involved in a two-car accident with defendant Amber Schlauder. Cheung retained an attorney and sued Schlauder in the Las Vegas Township Justice Court, seeking $5,000 for medical expenses. Schlauder also retained an attorney and filed a motion to move the case from “small claims court to justice’s court” in order for Schlauder to receive a jury trial.2 The motion was denied by the small claims referee on the grounds that small claims court and justice court are one in the same. The referee also found Schlauder liable in the amount of $5,000. Schlauder then filed a …
Summary Of Flores V. State Of Nevada, 121 Nev. Adv. Op. 72, Patti Ross
Summary Of Flores V. State Of Nevada, 121 Nev. Adv. Op. 72, Patti Ross
Nevada Supreme Court Summaries
Defendant Martha Flores was found guilty of first-degree murder by child abuse of her five-year-old stepdaughter, Zoraida Flores. Postmortem examinations concluded that the child had been physically abused and her death was caused by a blunt-force trauma to the head. Flores resided with her husband, Jose Flores, his five-year-old daughter Zoraida, Flores’ daughters and mother and an infant. Flores was the primary caregiver of the family while Jose worked to support them. On January 28, 2001, emergency medical personnel responded to the Flores’ apartment and provided assistance to Zoraida. They were unable to resuscitate the child. The postmortem examination of …
Summary Of Hantges V. City Of Henderson, 121 Nev. Adv. Op. 32, Patti Ross
Summary Of Hantges V. City Of Henderson, 121 Nev. Adv. Op. 32, Patti Ross
Nevada Supreme Court Summaries
A citizen has standing to challenge redevelopment plans, however the challenge must be done within the time proscribed under NRS 279.609. Additionally, the court held that the members of the City of Henderson’s Redevelopment Advisory Commission (“Advisory Commission”) were not “public officers” pursuant to NRS 281.4365 and therefore were not subject to the conflict of interest requirements of NRS 281.411 to 281.581.
Summary Of Jezdik V. State, 121 Nev. Adv. Op. 15, Brian Reeve
Summary Of Jezdik V. State, 121 Nev. Adv. Op. 15, Brian Reeve
Nevada Supreme Court Summaries
This case involves allegations regarding fraudulent use of a credit card and identity theft. Appellant Michael Jezdik (“Jezdik”) and the victim in this case, Anna Behran (“Behran”), met in Las Vegas in early 1997. They enjoyed a brief romantic relationship but soon parted ways. Approximately three years later, however, Jezdik and Behran rekindled their friendship. Behran told Jezdik that she wanted to purchase a home but did not know how to do so. Jezdik offered to help Behran complete an online mortgage application at his residence. Behran agreed. Throughout the mortgage applicatiosn process, Jezdik acquired access to Behran’s social security …
Summary Of Langon V. Matamoros, 121 Nev. Adv. Op. 16, Scott Mcdonald
Summary Of Langon V. Matamoros, 121 Nev. Adv. Op. 16, Scott Mcdonald
Nevada Supreme Court Summaries
NRS 41.133, which mandates that a conviction of a crime resulting in injury to the victim is conclusive evidence of civil liability for the injury, does not apply to misdemeanor traffic offenses.2
Summary Of Mcdonald V. D.P. Alexander & Las Vegas Boulevard Llc, 121 Nev. Adv. Op. 79, Anna Arroyo
Summary Of Mcdonald V. D.P. Alexander & Las Vegas Boulevard Llc, 121 Nev. Adv. Op. 79, Anna Arroyo
Nevada Supreme Court Summaries
The Nevada Supreme Court affirmed the district court’s holding that the purposes behind the exceptions to the one-action rule found in NRS 40.430 are to allow a sold-out junior lienholder recovery in certain situations. In particular, where the property has been automatically stayed pursuant to the bankruptcy code, the creditor is exempted from the one-action rule. Additionally, NRS 40.430(4)(j) allows a junior lienholder that is sold-out to proceed personally against the debtor instead of making futile attempts against the property. The exceptions are limited by the fact that the junior lienholder cannot have purchased the property.
Summary Of Morsicato V. Sav-On Drug Stores, Inc., 121 Nev. Adv. Op. 18, Danielle Oakley
Summary Of Morsicato V. Sav-On Drug Stores, Inc., 121 Nev. Adv. Op. 18, Danielle Oakley
Nevada Supreme Court Summaries
This case is an appeal from a final district court judgment, entered pursuant to a jury verdict, in favor of Defendant/Respondent in a pharmacy malpractice action.
Summary Of Shuette V. Beazer Homes Holding Corp., 121 Nev. Adv. Op. 82, Joshua Benson
Summary Of Shuette V. Beazer Homes Holding Corp., 121 Nev. Adv. Op. 82, Joshua Benson
Nevada Supreme Court Summaries
Beazer Homes constructed and sold 206 single-family residences between 1994 and 1999 on a 40-acre residential subdivision. In April 2000, three homeowners, individually, and as proposed class representatives, filed a complaint against Beazer Homes alleging constructional defects to their homes. The complaint alleged that their houses’ foundations and concrete slabs were damaged by expansive soils, a condition in which the soils beneath a house expand when exposed to water and contract when the soil dries. This condition can cause a house’s foundation and concreted slab to crack and separate. The plaintiffs also alleged over 30 additional constructional defects unrelated to …
Summary Of Waid V. Eighth Judicial Dist. Court, Chris Orme
Summary Of Waid V. Eighth Judicial Dist. Court, Chris Orme
Nevada Supreme Court Summaries
Vestin Funds sought compensation on a loan from the guarantors of the loan Frederick Waid and M. Nafees. Waid and Nafees retained Noel Gage as their attorney. Gage, however, had previously represented the CEO of Vestin in previous litigation. Nevada prohibits a lawyer from representing a party that is adverse to the interests the lawyer’s current client if the matters are substantially related. To determine “substantially related” the court adopted a three-part test from the Seventh Circuit and applied it to Gage. The court upheld the decision of the lower court.
Summary Of Warren V. State, 121 Nev. Adv. Op. 84, Charles R. Cordova, Jr.
Summary Of Warren V. State, 121 Nev. Adv. Op. 84, Charles R. Cordova, Jr.
Nevada Supreme Court Summaries
In November 2003 the Las Vegas Metropolitan Police Department executed a decoy operation targeting the crime of robbery. An officer was posed on a public street dressed as an intoxicated, off-duty casino dealer with a stack of twenty one-dollar bills visible in his left dress shirt pocket. The defendant approached the officer, made conversation and casually removed the dollar bills while placing his arm around the officer. When the officer acted as though he was turning his head to catch the defendant in the act, the defendant pushed the officer’s head away with his forearm twice. The defendant was arrested …
Summary Of Carter V. State, 121 Nev. Adv. Op. 75, Collin Webster
Summary Of Carter V. State, 121 Nev. Adv. Op. 75, Collin Webster
Nevada Supreme Court Summaries
Appeal from a judgment of conviction, entered after jury verdict, for one count of attempted sexual assault.
Summary Of Day V. Washoe County School District, 121 Nev. Adv. Op. 37, Timothy J. Geswein
Summary Of Day V. Washoe County School District, 121 Nev. Adv. Op. 37, Timothy J. Geswein
Nevada Supreme Court Summaries
The Nevada Supreme Court held that a prior determination that an injury is industrially related may not be reconsidered in determining primary causation under NRS 616C.390, the Nevada Industrial Insurance Act’s provision for claim reopening.