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Washoe Cty. Sch. Dist. V. White, 133 Nev. Adv. Op. 43 (June 29, 2017), Margarita Elias
Washoe Cty. Sch. Dist. V. White, 133 Nev. Adv. Op. 43 (June 29, 2017), Margarita Elias
Nevada Supreme Court Summaries
Kara White (“White”) was terminated from her role as elementary school principal after the school district’s decision to terminate her was affirmed in an arbitration hearing. White filed a motion to vacate the award in district court. The district court granted White’s motion, holding that (1) the arbitrator exceeded his authority, (2) the arbitrator manifestly disregarded NRS 391.3116, and (3) the award was arbitrary and capricious. The school district appealed to the Supreme Court of Nevada, which reversed the district court’s ruling.
Principal Investments V. Harrison, 132 Nev. Adv. Op. 2 (Jan. 14, 2016), Katherine Maher
Principal Investments V. Harrison, 132 Nev. Adv. Op. 2 (Jan. 14, 2016), Katherine Maher
Nevada Supreme Court Summaries
The Court held unless the arbitration agreement commits the question to the arbitrator with “clear and unmistakable” language, a litigation-conduct waiver is presumptively for the court to decide because it is a waiver based on active litigation in court. Thus, the district court judge in this case did not err in addressing whether the moving party waived its right to arbitrate, instead of referring the question to the arbitrator.
Helfstein V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 91 (Dec. 3, 2015), Heather Caliguire
Helfstein V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 91 (Dec. 3, 2015), Heather Caliguire
Nevada Supreme Court Summaries
The Nevada Supreme Court determined that the six-month deadline to set aside a voluntary dismissal or settlement agreement found within NRCP 60(b) could not be extended, despite an allegation of fraud.
Mika V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 71 (Sep. 24, 2015), Kory Koerperich
Mika V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 71 (Sep. 24, 2015), Kory Koerperich
Nevada Supreme Court Summaries
The court denied extraordinary writ relief from the district court’s decision to compel arbitration between Petitioners and their employer based on a long-form arbitration agreement signed only by the Petitioners, and federal law favoring arbitration agreements.
Tallman V. Eight Judicial District Court, 131 Nev. Adv. Op. 60673 (Sep. 24, 2015), Marta Kurshumova
Tallman V. Eight Judicial District Court, 131 Nev. Adv. Op. 60673 (Sep. 24, 2015), Marta Kurshumova
Nevada Supreme Court Summaries
The Court held that an employment arbitration agreement, which contains a clause waiving the right to initiate or participate in class actions, constitutes a valid contract, even though it is not signed by the employer. The Court further determined that the Federal Arbitration Act applies to all transactions involving commerce and does not conflict with the National Labor Relations Act, which permits and requires arbitration. Finally, the Court found that a party does not automatically waive its contractual rights to arbitration by removing an action to federal court.
Summary Of Lytle V. Rosemere Estate Prop. Owners, 129 Nev. Adv. Op. 98, Allison Vitangeli
Summary Of Lytle V. Rosemere Estate Prop. Owners, 129 Nev. Adv. Op. 98, Allison Vitangeli
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether an NRCP 59(e) motion to alter or amend may be properly directed at a post-judgment order or whether that rule is limited to final judgments; and (2) whether NRAP 4(a)(4) tolling applied to the appellants’ NRCP 59(e) motion.
Summary Of Wells Fargo Bank, N.A. V. O’Brien, 129 Nev. Adv. Op. 71, Patrick Opdyke
Summary Of Wells Fargo Bank, N.A. V. O’Brien, 129 Nev. Adv. Op. 71, Patrick Opdyke
Nevada Supreme Court Summaries
The Court determined whether a district court order for judicial review of foreclosure mediation and remanding for further mediation is final and appealable, or whether it is not final and not appealable.
Summary Of Mcknight Family, Llp V. Adept Mgmt. Services, Inc., Et. Al., 129 Nev. Adv. Op. 64, Whitney E. Short
Summary Of Mcknight Family, Llp V. Adept Mgmt. Services, Inc., Et. Al., 129 Nev. Adv. Op. 64, Whitney E. Short
Nevada Supreme Court Summaries
The Court determined three issues: (1) whether the district court had the authority to dismiss the complaint pursuant to NRS 38.310;2 (2) whether the district court erred in dismissing all seven claims (preliminary/permanent injunction, negligence, breach of contract, violation of NAC 116.300,3 violation of NAC 116.341,4 violation of NRS 116.1113 and 116.3103, and slander of title/wrongful foreclosure/quiet title) subject to NRS 38.310; and (3) whether the district court erred in setting aside the default judgment against Design 3.2.
Summary Of Sylver V. Regents Bank, N.A., 129 Nev. Adv. Op. 30, Kelli Michelle Devaney
Summary Of Sylver V. Regents Bank, N.A., 129 Nev. Adv. Op. 30, Kelli Michelle Devaney
Nevada Supreme Court Summaries
Consolidated appeals from a district court order confirming an arbitration award and an amended judgment and order of sale, in which the Court considered two issues: (1) whether an arbitration awards was obtained through undue means and (2) whether the arbitrator’s refusal to void a loan in the underlying dispute constituted a manifest disregard for the law.
Summary Of I. Cox Construction Co. V. Ch2 Investments, 129 Nev. Adv. Op. 14, Katelyn M. Franklin
Summary Of I. Cox Construction Co. V. Ch2 Investments, 129 Nev. Adv. Op. 14, Katelyn M. Franklin
Nevada Supreme Court Summaries
The Court considered I. Cox Construction Company, LLC’s (Cox) appeal from a district court’s order releasing Cox’s mechanic’s lien. Cox challenged the district court’s finding that the lien was untimely as clearly erroneous, arguing (1) the court should not have considered the timeliness of the lien in light of parties’ failure to raise the issue in pleadings; and (2) the district court incorrectly relied on Vaughn Materials v. Meadowvale Homes to find the lien untimely.
Summary Of Jones V. Suntrust Mortgage, Inc., 128 Nev. Adv. Op. 18, Rami Hernandez
Summary Of Jones V. Suntrust Mortgage, Inc., 128 Nev. Adv. Op. 18, Rami Hernandez
Nevada Supreme Court Summaries
An appeal from a district court order denying judicial review in a foreclosure mediation matter.
Summary Of Daane V. Dist. Ct., 127 Nev. Adv. Op. 59, Michelle Newman
Summary Of Daane V. Dist. Ct., 127 Nev. Adv. Op. 59, Michelle Newman
Nevada Supreme Court Summaries
A writ of prohibition precluding further proceedings by Nevada’s Foreclosure Mediation Program was denied because the petitioner had an adequate remedy in the ordinary course of law.
Summary Of Pasillas V. Hsbc Bank Usa, Et. Al., 127 Nev. Adv. Op. No. 39, Meredith Still
Summary Of Pasillas V. Hsbc Bank Usa, Et. Al., 127 Nev. Adv. Op. No. 39, Meredith Still
Nevada Supreme Court Summaries
An appeal from a district court order denying a petition for judicial review arising in a foreclosure mediation action.
Summary Of Ruiz V. City Of North Las Vegas, 127 Nev. Adv. Op. No. 20, Christian Balducci
Summary Of Ruiz V. City Of North Las Vegas, 127 Nev. Adv. Op. No. 20, Christian Balducci
Nevada Supreme Court Summaries
An appeal from the District Court’s dismissal of a petition to vacate an arbitration decision because the petitioner lacked standing.
Summary Of Simmons Self-Storage Partners, Llc V. Rib Roof, Inc., 127 Nev. Adv. Op. No. 6, Nevada Law Journal
Summary Of Simmons Self-Storage Partners, Llc V. Rib Roof, Inc., 127 Nev. Adv. Op. No. 6, Nevada Law Journal
Nevada Supreme Court Summaries
An appeal from mechanic’s lien action where the district court determined the lienable amounts, but failed to order the sale of the properties to satisfy the amount due under the lien.
Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni
Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni
Nevada Supreme Court Summaries
The Nevada Supreme Court denied Goodyear’s request for a rehearing regarding the Court’s ruling in Bahena I.2 Additionally, the Court clarified that evidentiary hearings are not mandatory for non-case concluding sanctions.
Summary Of Saavedra-Sandoval V. Wal-Mart Stores, Inc., 126 Nev. Adv. Op. No. 55, Kammi Rencher
Summary Of Saavedra-Sandoval V. Wal-Mart Stores, Inc., 126 Nev. Adv. Op. No. 55, Kammi Rencher
Nevada Supreme Court Summaries
A plaintiff in a tort action appealed from a district court order denying her motion to enlarge time for service of process.
Summary Of Yonker Construction, Inc. V. Hulme, 126 Nev. Adv. Op. 54, Justin Shiroff
Summary Of Yonker Construction, Inc. V. Hulme, 126 Nev. Adv. Op. 54, Justin Shiroff
Nevada Supreme Court Summaries
The Court considered an appeal from a district court order expunging a mechanic’s lien under NRS 108.2275.
Summary Of Awada V. Shuffle Master, Inc., 123 Nev. Adv. Op. No. 57, Magali Calderon
Summary Of Awada V. Shuffle Master, Inc., 123 Nev. Adv. Op. No. 57, Magali Calderon
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Moon V. Mcdonald, Carano & Wilson, Llp, 129 Nev. Adv. Op. 56, David Rothenburg
Summary Of Moon V. Mcdonald, Carano & Wilson, Llp, 129 Nev. Adv. Op. 56, David Rothenburg
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Wyeth V. Rowatt, 126 Nev. Adv. Op. No. 44, Yam Xiong Li
Summary Of Wyeth V. Rowatt, 126 Nev. Adv. Op. No. 44, Yam Xiong Li
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Elyousef V. O’Reilly & Ferrario, Llc, 126 Nev. Adv. Op. No. 43, Ashley C. Nikkel
Summary Of Elyousef V. O’Reilly & Ferrario, Llc, 126 Nev. Adv. Op. No. 43, Ashley C. Nikkel
Nevada Supreme Court Summaries
An appeal from a summary judgment in a legal malpractice action.
Summary Of Schiff V. Winchell, 126 Nev. Adv. Op. No. 32, Amy Kominsky
Summary Of Schiff V. Winchell, 126 Nev. Adv. Op. No. 32, Amy Kominsky
Nevada Supreme Court Summaries
The Court determined whether the pre-judgment interest rate is calculated based the date of the original judgment or the date of affirmation on appeal.
Summary Of Quinlan V. Camden Usa Inc., 126 Nev. Adv. Op. No. 30, Zachary Lowe
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 Polk V. Nevada, 126 Nev. Adv. Op. No. 19, John L. Ward
Summary Of Polk V. Nevada, 126 Nev. Adv. Op. No. 19, John L. Ward
Nevada Supreme Court Summaries
No abstract provided.
Summary Of In Re Sandoval, 126 Nev. Adv. Op. No. 15, Amy Kominsky
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 Foster V. Dingwall, 126 Nev. Adv. Op. No. 5, Anthony R. Sassi
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 Dictor V. Creative Mgmt. Servs., Llc, 126 Nev. Adv. Op. No. 4, Tenesa S. Scaturro
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.
Summary Of Great Basin Water Network V. State Eng’R, 126 Nev. Adv. Op. No. 2, Jason Vanmeetren
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, empowering the State Engineer to postpone taking action on water appropriation applications “[for] municipal use,” applies retroactively to applications filed within one year of the 2003 amendment and does not apply to applications filed more than one year prior the amendment.
Summary Of Nc-Dsh, Inc. V. Garner, 125 Nev. Adv. Op. No. 50, Amy C. Ma
Summary Of Nc-Dsh, Inc. V. Garner, 125 Nev. Adv. Op. No. 50, Amy C. Ma
Nevada Supreme Court Summaries
Appeal from a district court order vacating a stipulated final judgment under NRCP 60(b) for fraud on the court.