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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.


Gardner Ex Rel. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 89 (Nov. 22, 2017), Will Carter Nov 2017

Gardner Ex Rel. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 89 (Nov. 22, 2017), Will Carter

Nevada Supreme Court Summaries

The alter ego doctrine applies to LLCs and corporations, such that creditors may reach manager’s assets. The Court held that an LLC does not protect a manager or member from their own individual acts of negligence. Therefore, the Court directed the district court to vacate because, “the varieties of fraud and injustice that the alter ego doctrine was designed to redress can be equally exploited through limited liability companies.”


Parametric Sound Corp. V. Dist. Ct., 133 Nev. Adv. Op. 59 (Sep. 14, 2017), Lucy Crow Sep 2017

Parametric Sound Corp. V. Dist. Ct., 133 Nev. Adv. Op. 59 (Sep. 14, 2017), Lucy Crow

Nevada Supreme Court Summaries

The Court clarified its holding in Cohen v. Mirage Resorts, Inc. by adopting the Delaware direct harm test to determine whether a shareholder’s claim is direct or derivative. Under the direct harm test, the Court asks (1) who suffered alleged harm, and (2) who would receive benefit from recovery or another remedy? If the shareholder cannot establish a claim without showing injury to the corporation, the shareholder’s claim fails.


In Re Dish Network Derivation Litig., 133 Nev. Adv. Op. 61 (Sept. 14, 2017), Joseph K. Fabbi Sep 2017

In Re Dish Network Derivation Litig., 133 Nev. Adv. Op. 61 (Sept. 14, 2017), Joseph K. Fabbi

Nevada Supreme Court Summaries

The Court determined that the Auerbach test should be applied when a Special Litigation Committee (SLC) files a motion to defer a derivative claim. A derivative claim is dismissible if the SLC was independent and conducted a good faith investigation when it concluded litigation would not be in the company’s best interest.


Gardner V. Henderson Water Park, L.L.C., 133 Nev. Ad. Op. 54 (Aug. 3, 2017), Scott Cardenas Aug 2017

Gardner V. Henderson Water Park, L.L.C., 133 Nev. Ad. Op. 54 (Aug. 3, 2017), Scott Cardenas

Nevada Supreme Court Summaries

Under NRS 86.371 and NRS 86.381, an LLC member is not responsible for the LLC’s liabilities solely because it is a member.


Poremba V. S. Nev. Paving; And S&C Claims Servs., Inc. 132 Nev. Ad. Op. 24 (April 7, 2016), Baylie Hellman Apr 2016

Poremba V. S. Nev. Paving; And S&C Claims Servs., Inc. 132 Nev. Ad. Op. 24 (April 7, 2016), Baylie Hellman

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order. The Court clarified that medical treatment is not the only expense on which a workers’ compensation claimant is permitted to exhaust his or her settlement funds. Reversed and remanded with instructions.


Becker V. Becker, 131 Nev. Adv. Op. 85 (Oct. 29, 2015), Paul George Oct 2015

Becker V. Becker, 131 Nev. Adv. Op. 85 (Oct. 29, 2015), Paul George

Nevada Supreme Court Summaries

In response to a certified question by the United States Bankruptcy Court for the District of Nevada, the Court concluded that under NRS 21.090(1)(bb) a debtor can exempt his stock in the corporations described in NRS 78.746(2), but his economic interest in that stock is still subject to the charging order remedy in NRS 78.746(1).


Summary Of In Re: Cay Clubs, 130 Nev., 130 Nev. Adv. Op. 92, Adam Wynott Dec 2014

Summary Of In Re: Cay Clubs, 130 Nev., 130 Nev. Adv. Op. 92, Adam Wynott

Nevada Supreme Court Summaries

The Court concluded that NRS 87.160(1) may impose partnership liability on a joint venture based on the partnership-by-estoppel doctrine and that the statute may apply to any claim that relies on the doctrine’s element of reasonable reliance. The Court clarified the statute’s meaning, stating that a partnership by estoppel requires (1) consent, manifested expressly or impliedly from the liable party’s conduct; (2) credit, not limited to financial credit, given by one party to the other; (3) and reasonable reliance by one party on the other party’s representation of a partnership or joint venture.


Summary Of Las Vegas Sands Corp. V. Eighth Judicial Dist. Court, 130 Nev. Adv. Op. 69, Michael Bowman Aug 2014

Summary Of Las Vegas Sands Corp. V. Eighth Judicial Dist. Court, 130 Nev. Adv. Op. 69, Michael Bowman

Nevada Supreme Court Summaries

The Court determined whether a former CEO is within a “class of persons” allowed to use the corporation’s privileged documents in litigation against the corporation.


Summary Of Weddell V. H2o, Inc., 128 Nev. Adv. Op. No. 9, Matthew Vantusko Mar 2012

Summary Of Weddell V. H2o, Inc., 128 Nev. Adv. Op. No. 9, Matthew Vantusko

Nevada Supreme Court Summaries

The Court considered an appeal from an action seeking contract, tort, and declaratory relief.


Summary Of Canarelli V. Dist. Ct., 127 Nev. Adv. Op. 72, Cameron Daw Nov 2011

Summary Of Canarelli V. Dist. Ct., 127 Nev. Adv. Op. 72, Cameron Daw

Nevada Supreme Court Summaries

A petition for a writ of certiorari or mandamus challenging the district court’s order to force Petitioner to serve as trustee for a dissolved corporation in a construction defect action.


Summary Of Smith V. Kisorin Usa, Inc., 127 Nev. Adv. Op. No. 37, Cayla Witty Jul 2011

Summary Of Smith V. Kisorin Usa, Inc., 127 Nev. Adv. Op. No. 37, Cayla Witty

Nevada Supreme Court Summaries

An appeal of a district court summary judgment challenging whether a corporation’s decision to deliver dissenters’ rights notice to all stockholders that hold stock in street name and not to all beneficial stockholders is sufficient under NRS Chapter 92A.


Summary Of In Re Amerco Derivative Litigation, 127 Nev. Adv. Op. No. 17, Jennifer Delcarmen May 2011

Summary Of In Re Amerco Derivative Litigation, 127 Nev. Adv. Op. No. 17, Jennifer Delcarmen

Nevada Supreme Court Summaries

An appeal from an order to dismiss a shareholder derivative claim.


Summary Of American Ethanol V. Cordillera Fund, 127 Nev. Adv. Op. No. 13, Michael Roche May 2011

Summary Of American Ethanol V. Cordillera Fund, 127 Nev. Adv. Op. No. 13, Michael Roche

Nevada Supreme Court Summaries

The Court reviews an appeal from a district court decision in a corporation action.


Summary Of Hartford Fire Ins. Co.; Hartford Accident & Indem. Co.; & Richardson Constr., Inc. V. Tr. Of The Const. Indus. & Laborers Health & Welfare Trust; Tr. Of The Constr. Indus. & Laborers Joint Pension Trust; & Tr. Of The Constr. Indus. & Laborers Vacation Tru, 125 Nev. Adv. Op. No. 16, Elham Roohani May 2009

Summary Of Hartford Fire Ins. Co.; Hartford Accident & Indem. Co.; & Richardson Constr., Inc. V. Tr. Of The Const. Indus. & Laborers Health & Welfare Trust; Tr. Of The Constr. Indus. & Laborers Joint Pension Trust; & Tr. Of The Constr. Indus. & Laborers Vacation Tru, 125 Nev. Adv. Op. No. 16, Elham Roohani

Nevada Supreme Court Summaries

Acceptance of the Ninth Circuit’s two certified questions: whether trustees must provide notice to recover on (1) payment bonds against surety and (2) against the general contractor.


Summary Of Nevada Classified Sch. Emp. Ass’N V. Quaglia, 124 Nev. Adv. Op. No. 6, Emily Reed Feb 2008

Summary Of Nevada Classified Sch. Emp. Ass’N V. Quaglia, 124 Nev. Adv. Op. No. 6, Emily Reed

Nevada Supreme Court Summaries

Appellant is Nevada Classified School Employees Association (NCSEA). NCSEA is a non profit corporation with multiple chapters whose members are Nevada public school district employees. NCSEA is governed by its articles of incorporation and bylaws. The articles of incorporation require each member have equal voting power. “[T]he bylaws state that ‘each Chapter shall be entitled to one (1) Delegate for every fifty (50) members or part thereof, with a maximum of seven (7) Delegates.’”2 In 2003, at the annual delegate conference, the NCSEA passed an amendment to article III, section 3 of the bylaws. Prior to the amendment ...


Summary Of Nanopierce Tech. V. Depository Trust, 123 Nev. Adv. Op. No. 38, Jamie Zimmerman Sep 2007

Summary Of Nanopierce Tech. V. Depository Trust, 123 Nev. Adv. Op. No. 38, Jamie Zimmerman

Nevada Supreme Court Summaries

Appeal from a district court order dismissing a securities fraud action.


Summary Of Redl V. Secretary Of State, 120 Nev. Adv. Rep. 13, Mike Feliciano Jan 2004

Summary Of Redl V. Secretary Of State, 120 Nev. Adv. Rep. 13, Mike Feliciano

Nevada Supreme Court Summaries

Petition denied. Under NRS 78.730, the Secretary of State has discretion to revive a corporate charter that has been revoked for a period of five or more years.


Summary Of Nittinger V. Holman, Cami Perkins Jan 2003

Summary Of Nittinger V. Holman, Cami Perkins

Nevada Supreme Court Summaries

Respondents, Dedric Holman and Christina Edwards, were gambling at the Gold Coast Hotel when a physical confrontation arose between John Nittinger, a security guard, and Holman. When Holman tried to run, security officers pursued him and held him to the ground. According to Holman’s testimony, the guards made racial slurs, punched, kicked and beat him. The security shift supervisor was present during part of the incident. The district court instructed the jury that it could find the Gold Coast liable for punitive damages if a “managerial agent” authorized or ratified the guards’ conduct. The jury awarded respondents $198,000 ...