Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (19)
- Civil Law (16)
- Property Law and Real Estate (12)
- Civil Procedure (10)
- Administrative Law (8)
-
- Criminal Procedure (7)
- Constitutional Law (4)
- Family Law (4)
- Contracts (3)
- Labor and Employment Law (3)
- Privacy Law (3)
- State and Local Government Law (3)
- Torts (3)
- Evidence (2)
- Water Law (2)
- Business Organizations Law (1)
- Estates and Trusts (1)
- First Amendment (1)
- Gaming Law (1)
- Insurance Law (1)
- Intellectual Property Law (1)
- Legal Ethics and Professional Responsibility (1)
- Legislation (1)
- Other Law (1)
- Workers' Compensation Law (1)
- Keyword
-
- CRIMINAL PROCEDURE (2)
- Civil Procedure (2)
- Statutory Interpretation (2)
- ADMINISTRATIVE AGENCY: ELECTION POWERS (1)
- ADMINISTRATIVE LAW: ATTORNEY FEES (1)
-
- ADMINISTRATIVE LAW: CONCURRENT WAGES IN WORKERS' COMPENSATION CALCUATION (1)
- ADMINISTRATIVE LAW: DUE PROCESS (1)
- ADMINISTRATIVE LAW: HEARING OFFICER DECISIONS (1)
- ADMINISTRATIVE LAW: JUDICIAL REVIEW (1)
- ADMINISTRATIVE LAW: WORKERS’ COMPENSATION (1)
- ADMISSIBILITY OF PRIOR BAD ACTS (1)
- Administrative Law (1)
- Agents (1)
- Attorneys (1)
- Business (1)
- CIVIL APPEAL: ADMINISTRATIVE AGENCY (1)
- CIVIL APPEAL: ANTITRUST (1)
- CIVIL APPEAL: EMPLOYMENT (1)
- CIVIL APPEAL: MOTION TO DISMISS (1)
- CIVIL APPEAL: NEGLIGENCE (1)
- CIVIL APPEAL: RELIEF UNDER NRCP 60(b)(1) (1)
- CIVIL APPEAL: RISK ASSESSMENT (1)
- CIVIL APPEAL: STATUTE OF LIMITATIONS FOR LEGAL MALPRACTICE (1)
- CIVIL APPEAL: STAY ENFORCEMENT (1)
- CIVIL LAW: MEDICAL MALPRACTICE (1)
- CIVIL LAW: TIME LIMITS FOR NONJUDICIAL FORECLOSURE (1)
- CIVIL LAW: WRIT OF MANDAMUS (1)
- CIVIL PROCEDURE: ATTORNEYS FEES AND COSTS (1)
- CIVIL PROCEDURE: CONTRACTS (1)
- CIVIL PROCEDURE: MOTION TO DISMISS; CIVIL LAW: DEFAMATION (1)
Articles 61 - 90 of 93
Full-Text Articles in Law
Saticoy Bay V. Fed. Nat’L Mortg. Ass’N, 134 Nev. Adv. Op. 36 (May. 17, 2018) (En Banc), Shady Sirsy
Saticoy Bay V. Fed. Nat’L Mortg. Ass’N, 134 Nev. Adv. Op. 36 (May. 17, 2018) (En Banc), Shady Sirsy
Nevada Supreme Court Summaries
The Court held that when the Federal Housing Finance Agency (FHFA) is acting as a conservator, absent their affirmative relinquishment, the Federal Foreclosure Bar cloaks property with Congressional protection.
Coleman V. State, 134 Nev. Adv. Op. 28 (May. 3, 2018), Maliq Kendricks
Coleman V. State, 134 Nev. Adv. Op. 28 (May. 3, 2018), Maliq Kendricks
Nevada Supreme Court Summaries
The Nevada Supreme Court determined that a judgment of conviction pursuant to NRS 200.604(1) is only valid when a person captures or disseminates an image of another's private parts, taken without their consent, under circumstances in which that person has a reasonable expectation of privacy.
Eureka County V. Seventy Jud. Dist. Ct., 134 Nev. Adv. Op. 37 (May 17, 2018), Carmen Gilbert
Eureka County V. Seventy Jud. Dist. Ct., 134 Nev. Adv. Op. 37 (May 17, 2018), Carmen Gilbert
Nevada Supreme Court Summaries
The court held that junior water rights holders are entitled to notice of and an opportunity to participate in the district court's consideration of a curtailment request.
Las Vegas Dev. Grp., Llc V. Blaha, 134 Nev. Adv. Op. 22 (May 3, 2018), Emily Meibert
Las Vegas Dev. Grp., Llc V. Blaha, 134 Nev. Adv. Op. 22 (May 3, 2018), Emily Meibert
Nevada Supreme Court Summaries
The Court considers whether the time limitations of NRS 107.080(5)-(6) bars an action challenging an NRS Chapter 107 nonjudicial foreclosure where it is alleged that the deed of trust had been extinguished before the sale. This action challenges the authority to conduct the sale rather than the manner; thus, limitations do not apply.
Cotter, Jr. V. Dist. Ct., 134 Nev. Adv. Op. 32 (May 3, 2018) (En Banc), Paloma Guerrero
Cotter, Jr. V. Dist. Ct., 134 Nev. Adv. Op. 32 (May 3, 2018) (En Banc), Paloma Guerrero
Nevada Supreme Court Summaries
The Court adopted the common interest rule as an exception to waiver of the work-product privilege. The common interest rule requires that the “transferor and transferee [must] anticipate litigation against a common adversary on the same issue or issues” and to “have strong common interests in sharing the fruit of the preparation efforts.”
In Re: Matter Of E.R. C/W 73198, 134 Nev. Adv. Op. 29 (May 3, 2018), Matthew J. Mckissick
In Re: Matter Of E.R. C/W 73198, 134 Nev. Adv. Op. 29 (May 3, 2018), Matthew J. Mckissick
Nevada Supreme Court Summaries
The Court held that once parental rights have been terminated, NRS 128.110(2) is the appropriate standard for applying the familial placement preference—not NRS 432B.550(5).
Morgan Vs. State Of Nevada., 134 Nev. Adv. Op. 27 (May 3, 2018), Ronald Evans
Morgan Vs. State Of Nevada., 134 Nev. Adv. Op. 27 (May 3, 2018), Ronald Evans
Nevada Supreme Court Summaries
The Court determined that a defendant is not entitled to cross examine examiners who find him incompetent at a competency hearing where neither party subpoenaed the examiner to appear at said competency hearing. The Court further decided that the State’s failure to transport an incompetent Defendant to competency treatment within seven days of receiving a court order did not warrant the dismissal of charges against the Defendant. The Court also held that the District Court did not commit a structural error when Defendant moved to strike the jury venire. The Court went on to decide that Defendant was not entitled …
Mei-Gsr Holdings, Llc V. Peppermill Casinos, Inc., 134 Nev. Adv. Op. 31 (May 3, 2018), Joseph K. Fabbi
Mei-Gsr Holdings, Llc V. Peppermill Casinos, Inc., 134 Nev. Adv. Op. 31 (May 3, 2018), Joseph K. Fabbi
Nevada Supreme Court Summaries
The Court held that jury instructions must be aligned with a Nevada statute if the Nevada statute has plain meaning via “facially clear” language. Further, the Court determined there must be discretionary abuse by a district court if an appellate court over rules its decision regarding a motion to amend, a motion to compel discovery, a motion for case concluding sanctions, or a motion in limine regarding evidence. The Court concluded that NRS 600A.060 does not preclude a court from awarding attorney fees via other appropriate statutes.
Cain V. Price C/W 69889/70864, 134 Nev. Adv. Op. 26 (April 12, 2018), Jeff Chronister
Cain V. Price C/W 69889/70864, 134 Nev. Adv. Op. 26 (April 12, 2018), Jeff Chronister
Nevada Supreme Court Summaries
The Nevada Supreme Court held that one party’s material breach of contract releases the non-breaching party’s contractual obligation to a third-party beneficiary.
U.S. Home Corp. V. The Michael Ballesteros Trust, 134 Nev. Adv. Op. 25 (April 1, 2018), Natice Locke
U.S. Home Corp. V. The Michael Ballesteros Trust, 134 Nev. Adv. Op. 25 (April 1, 2018), Natice Locke
Nevada Supreme Court Summaries
The Court held that where an underlying transaction involves interstate commerce, the FAA (Federal Arbitration Act) preempts state unconscionability doctrine from disfavoring arbitration.
Clark Cty. Office Of The Coroner/Med. Exam'r V. Las Vegas Review-Journal, 134 Nev. Adv. Op. No. 24. (April 12, 2018) (En Banc), Tamara Cannella
Clark Cty. Office Of The Coroner/Med. Exam'r V. Las Vegas Review-Journal, 134 Nev. Adv. Op. No. 24. (April 12, 2018) (En Banc), Tamara Cannella
Nevada Supreme Court Summaries
Under NRCP 62(d) and NRCP 62(e), state and local government appellants are generally entitled to a stay of a money judgment pending appeal, without needing to post a supersedeas bond or other security as a matter of right.
Kirsch V. Traber, 134 Nev. Adv. Op. 22 (Apr. 5, 2018), Landon Littlefield
Kirsch V. Traber, 134 Nev. Adv. Op. 22 (Apr. 5, 2018), Landon Littlefield
Nevada Supreme Court Summaries
The Nevada Supreme Court, applying the Restatement (Second) of Judgments definition of “final judgment,” held that it was proper for the district court to accord preclusive effect to a subsequent final judgment from a foreign court.
State V. Sample, 134 Nev. Adv. Op. 23 (Apr. 5, 2018), Sara Schreiber
State V. Sample, 134 Nev. Adv. Op. 23 (Apr. 5, 2018), Sara Schreiber
Nevada Supreme Court Summaries
Gregory Frank Allen Sample (“Sample”) was arrested for driving under the influence. He had failed a preliminary breath test (“PBT”). The results of the failed PBT were used to obtain a search warrant for an evidentiary blood draw. The district court suppressed the PBT results because it concluded that the results were obtained in violation of Sample’s Fourth Amendment rights. The district court also suppressed the evidentiary blood draw because it was the fruit of an illegal search. The Court held that the district court erred in invalidating the telephonic search warrant and that the evidentiary blood draw should not …
King, P.E. V. St. Clair, 134 Nev. Adv. Op. 18 (Mar. 29, 2018), Joseph K. Fabbi
King, P.E. V. St. Clair, 134 Nev. Adv. Op. 18 (Mar. 29, 2018), Joseph K. Fabbi
Nevada Supreme Court Summaries
There must be clear and convincing, substantial evidence that a real property owner intentionally abandoned his water rights in order for the Court to find he actually abandoned them.
Nuleaf Clv Dispensary, Llc V. State, Dep’T Of Health And Human Serv’S, 134 Nev. Adv. Op. 17 (Mar. 29, 2018), Margaret Higgins
Nuleaf Clv Dispensary, Llc V. State, Dep’T Of Health And Human Serv’S, 134 Nev. Adv. Op. 17 (Mar. 29, 2018), Margaret Higgins
Nevada Supreme Court Summaries
The Court determined that under NRS Chapter 453: (1) a medical marijuana establishment applicant does not have to satisfy NRS 453A.322(3)(a)(5)’s requirements for the Department of Health and Human Services to issue the applicant a provisional registration certificate, and (2) the registration certificate shall be deemed provisional until the applicant receives proper approval to commence operations from the applicable local government to commence operation.
Southworth V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 20 (Mar. 29, 2018), Lucy Crow
Southworth V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 20 (Mar. 29, 2018), Lucy Crow
Nevada Supreme Court Summaries
The court determined that Justice Court Rule of Civil Procedure 98 requiring appeals in small claims court to be filed within five days was jurisdictional and mandatory. The district court cannot use its discretion to expand the time to appeal.
Comstock Residents Ass’N V. Lyon Cty. Bd. Of Comm’Rs, 134 Nev. Adv. Op. 19 (Mar. 29, 2018), Steven Kish
Comstock Residents Ass’N V. Lyon Cty. Bd. Of Comm’Rs, 134 Nev. Adv. Op. 19 (Mar. 29, 2018), Steven Kish
Nevada Supreme Court Summaries
The Court held that privately-maintained public records are within the scope of the Nevada Public Records Act (“NPRA”). Accordingly, the district court’s denial of the Comstock Residents Association’s (“CRA”) petition for a writ of mandamus was erroneous.
Miller V. Miller, 134 Nev. Adv. Op. 16 (Mar. 15, 2018), Anna Sichting
Miller V. Miller, 134 Nev. Adv. Op. 16 (Mar. 15, 2018), Anna Sichting
Nevada Supreme Court Summaries
When the parents share joint physical custody of one minor child but one of the parents has primary physical custody of the other minor child, the district court must use additional steps in order to properly utilize the statutory child support formula. Further, the courts must make specific findings of fact if they deviate from the standard statutory formula.
State V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 13 (Mar. 1, 2018) (En Banc), Connor Saphire
State V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 13 (Mar. 1, 2018) (En Banc), Connor Saphire
Nevada Supreme Court Summaries
The Court determined that when the State conducts a direct-examination of a witness during a preliminary hearing, and then the defendant waives his right to that preliminary hearing, the defendant is said to have had an “adequate opportunity” to confront that witness as long as adequate discovery was available.
Pawlik V. Deng, 134 Nev. Adv. Op. 11 (Mar. 1, 2018) (En Banc), Will T. Carter
Pawlik V. Deng, 134 Nev. Adv. Op. 11 (Mar. 1, 2018) (En Banc), Will T. Carter
Nevada Supreme Court Summaries
The Court held NRS 271.595 creates two redemption periods; one of two years and one of 60-days. The 60-day notice and redemption period must follow the two-year period and cannot run concurrently.
Jeremias V. State, 134 Nev. Adv. Op. 8 (Mar. 01, 2018), Maliq Kendricks
Jeremias V. State, 134 Nev. Adv. Op. 8 (Mar. 01, 2018), Maliq Kendricks
Nevada Supreme Court Summaries
The Nevada Supreme Court determined that a judgment of conviction, pursuant to a jury verdict, of one count each of conspiracy to commit robbery and burglary while in possession of a deadly weapon and two counts each of robbery with the use of a deadly weapon and murder with the use of a deadly weapon, commands a death sentence.
Zenor V. State, Dep't Of Transp., 134 Nev. Adv. Op. 14 (Mar. 1, 2018), Brianna Stutz
Zenor V. State, Dep't Of Transp., 134 Nev. Adv. Op. 14 (Mar. 1, 2018), Brianna Stutz
Nevada Supreme Court Summaries
The Court held that NRS 233B.130 prohibits attorney fees in petitions for judicial review of agency determinations.
K-Kel, Inc. V. State Dep't Of Taxation, 134 Nev. Adv. Op. 10 (Mar. 10, 2018), Casey Lee
K-Kel, Inc. V. State Dep't Of Taxation, 134 Nev. Adv. Op. 10 (Mar. 10, 2018), Casey Lee
Nevada Supreme Court Summaries
The court determined that (1) the district court does not have jurisdiction over a petition for judicial review of an administrative agency decision when the appellants do not file the petition according to statutory requirements, (2) that district court orders in a case where it does not have jurisdiction are void, and (3) that administrative agency decisions made in compliance with void court orders do not grant district court jurisdiction.
State, Dep’T Of Bus. V. Dollar Loan Ctr., 134 Nev. Adv. Op. 15 (Mar. 1, 2018) (En Banc), Shady Sirsy
State, Dep’T Of Bus. V. Dollar Loan Ctr., 134 Nev. Adv. Op. 15 (Mar. 1, 2018) (En Banc), Shady Sirsy
Nevada Supreme Court Summaries
The Nevada Supreme Court determined that NRS 604A.480(2)(f) bars a licensee from bringing any type of enforcement action on a refinancing loan made under NRS 604A.480(2) and is not merely a condition precedent to making a refinancing loan under the subsection.
Andrews V. State, 134 Nev. Adv. Op. 12 (Mar. 01, 2018), Samantha Scofield
Andrews V. State, 134 Nev. Adv. Op. 12 (Mar. 01, 2018), Samantha Scofield
Nevada Supreme Court Summaries
Under NRS 453.3385, simultaneous possession of different schedule I controlled substances creates separate offenses and the weights of the controlled substances shall not be aggregated together.
Dezzani V. Kern & Assocs. Ltd., 134 Nev. Adv. Op. 9 (Mar. 1, 2018), Ronald Evans
Dezzani V. Kern & Assocs. Ltd., 134 Nev. Adv. Op. 9 (Mar. 1, 2018), Ronald Evans
Nevada Supreme Court Summaries
The Court determined that attorneys do not qualify as agents for the purposes of retaliatory action under NRS 116.31183 where the attorney is providing legal service for a homeowners’ association. The Court further held that an attorney litigating pro se or representing his or her law firm may not collect attorney fees but may collect attorney costs.
Las Vegas Review-Journal V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 7 (Feb. 27, 2018), Matthew J. Mckissick
Las Vegas Review-Journal V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 7 (Feb. 27, 2018), Matthew J. Mckissick
Nevada Supreme Court Summaries
The Court determined that the First Amendment does not allow a court to prevent the press from reporting on a redacted autopsy report already released to the public.
Felton V. Douglas County, 134 Nev. Adv. Op. 6 (Feb. 15, 2018), Joshua Garry
Felton V. Douglas County, 134 Nev. Adv. Op. 6 (Feb. 15, 2018), Joshua Garry
Nevada Supreme Court Summaries
The Court determined that when an uncompensated volunteer, who has concurrent private employment and is injured during the course of volunteer work, shall have their average monthly wage for the purposes of workers’ compensation benefits to be the aggregate of the “deemed wage” provided by statute along with their earnings from the concurrent private employment.
Quinn V. Eighth Judicial Dist. Ct., 135 Nev. Adv. Op. 5 (Feb. 8, 2018) (En Banc), Shaneka J. Malloyd
Quinn V. Eighth Judicial Dist. Ct., 135 Nev. Adv. Op. 5 (Feb. 8, 2018) (En Banc), Shaneka J. Malloyd
Nevada Supreme Court Summaries
The Court determined that (1) a writ of mandamus/prohibition is appropriate when a party does not have an adequate relief in the ordinary course of the law and it is necessary to prevent improper disclosure of privileged and confidential information; (2) a Nevada district court has no authority to compel an out-of-state non-party to appear in Nevada for a deposition; and (3) specifically, a Nevada district court does not have subpoena power over a non-resident attorney that has practiced law in Nevada.
Castillo V. United Fed. Credit Union, 134 Nev. Adv. Op. 3 (Feb. 1, 2018), Jocelyn Murphy
Castillo V. United Fed. Credit Union, 134 Nev. Adv. Op. 3 (Feb. 1, 2018), Jocelyn Murphy
Nevada Supreme Court Summaries
The Court determined that (1) in a class action suit parties may not aggregate putative class member claims to reach the statutorily required jurisdictional amount for subject matter jurisdiction; (2) NRS § 104.9625(3)(b) permits an individual to combine the amount of sought statutory damages with the proposed deficiency amount in consumer transactions to obtain the jurisdictional amount for subject matter jurisdiction; and (3) district courts possess original jurisdiction over all claims for injunctive relief, even those that fail to meet the jurisdictional amount.