Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Nevada Supreme Court Summaries

2018

Discipline
Keyword

Articles 61 - 90 of 93

Full-Text Articles in Law

Dolores V. State, Dep’T Of Employment Sec. Div., 134 Nev. 34 (May 3, 2018), Xheni Ristani May 2018

Dolores V. State, Dep’T Of Employment Sec. Div., 134 Nev. 34 (May 3, 2018), Xheni Ristani

Nevada Supreme Court Summaries

The Court considered whether, pursuant to NRS 612.380, an employee that resigns when faced with a resign-or-be-fired option does so voluntarily, and is thereby disqualified from unemployment benefits. The Court determined that where the record shows that the appellant’s decision to resign was freely given and stemming from his own choice, the resignation is voluntary.

Go to article

Saticoy Bay V. Fed. Nat’L Mortg. Ass’N, 134 Nev. Adv. Op. 36 (May. 17, 2018) (En Banc), Shady Sirsy May 2018

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.

Go to article

Coleman V. State, 134 Nev. Adv. Op. 28 (May. 3, 2018), Maliq Kendricks May 2018

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.

Go to article

Eureka County V. Seventy Jud. Dist. Ct., 134 Nev. Adv. Op. 37 (May 17, 2018), Carmen Gilbert May 2018

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.

Go to article

Las Vegas Dev. Grp., Llc V. Blaha, 134 Nev. Adv. Op. 22 (May 3, 2018), Emily Meibert May 2018

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.

Go to article

Cotter, Jr. V. Dist. Ct., 134 Nev. Adv. Op. 32 (May 3, 2018) (En Banc), Paloma Guerrero May 2018

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.”

Go to article

In Re: Matter Of E.R. C/W 73198, 134 Nev. Adv. Op. 29 (May 3, 2018), Matthew J. Mckissick May 2018

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).

Go to article

Morgan Vs. State Of Nevada., 134 Nev. Adv. Op. 27 (May 3, 2018), Ronald Evans May 2018

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 …

Go to article

Cain V. Price C/W 69889/70864, 134 Nev. Adv. Op. 26 (April 12, 2018), Jeff Chronister Apr 2018

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.

Go to article

U.S. Home Corp. V. The Michael Ballesteros Trust, 134 Nev. Adv. Op. 25 (April 1, 2018), Natice Locke Apr 2018

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.

Go to article

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 Apr 2018

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.

Go to article

Kirsch V. Traber, 134 Nev. Adv. Op. 22 (Apr. 5, 2018), Landon Littlefield Apr 2018

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.

Go to article

State V. Sample, 134 Nev. Adv. Op. 23 (Apr. 5, 2018), Sara Schreiber Apr 2018

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 …

Go to article

King, P.E. V. St. Clair, 134 Nev. Adv. Op. 18 (Mar. 29, 2018), Joseph K. Fabbi Mar 2018

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.

Go to article

Nuleaf Clv Dispensary, Llc V. State, Dep’T Of Health And Human Serv’S, 134 Nev. Adv. Op. 17 (Mar. 29, 2018), Margaret Higgins Mar 2018

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.

Go to article

Comstock Residents Ass’N V. Lyon Cty. Bd. Of Comm’Rs, 134 Nev. Adv. Op. 19 (Mar. 29, 2018), Steven Kish Mar 2018

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.

Go to article

Southworth V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 20 (Mar. 29, 2018), Lucy Crow Mar 2018

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.

Go to article

Miller V. Miller, 134 Nev. Adv. Op. 16 (Mar. 15, 2018), Anna Sichting Mar 2018

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.

Go to article

State V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 13 (Mar. 1, 2018) (En Banc), Connor Saphire Mar 2018

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.

Go to article

Pawlik V. Deng, 134 Nev. Adv. Op. 11 (Mar. 1, 2018) (En Banc), Will T. Carter Mar 2018

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.

Go to article

Jeremias V. State, 134 Nev. Adv. Op. 8 (Mar. 01, 2018), Maliq Kendricks Mar 2018

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.

Go to article

Zenor V. State, Dep't Of Transp., 134 Nev. Adv. Op. 14 (Mar. 1, 2018), Brianna Stutz Mar 2018

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.

Go to article

Andrews V. State, 134 Nev. Adv. Op. 12 (Mar. 01, 2018), Samantha Scofield Mar 2018

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.

Go to article

K-Kel, Inc. V. State Dep't Of Taxation, 134 Nev. Adv. Op. 10 (Mar. 10, 2018), Casey Lee Mar 2018

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.

Go to article

Dezzani V. Kern & Assocs. Ltd., 134 Nev. Adv. Op. 9 (Mar. 1, 2018), Ronald Evans Mar 2018

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.

Go to article

State, Dep’T Of Bus. V. Dollar Loan Ctr., 134 Nev. Adv. Op. 15 (Mar. 1, 2018) (En Banc), Shady Sirsy Mar 2018

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.

Go to article

Las Vegas Review-Journal V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 7 (Feb. 27, 2018), Matthew J. Mckissick Feb 2018

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.

Go to article

Felton V. Douglas County, 134 Nev. Adv. Op. 6 (Feb. 15, 2018), Joshua Garry Feb 2018

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.

Go to article

Quinn V. Eighth Judicial Dist. Ct., 135 Nev. Adv. Op. 5 (Feb. 8, 2018) (En Banc), Shaneka J. Malloyd Feb 2018

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.

Go to article

Castillo V. United Fed. Credit Union, 134 Nev. Adv. Op. 3 (Feb. 1, 2018), Jocelyn Murphy Feb 2018

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.

Go to article

First Prev Next Last