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Summary Of Lvmpd V. Blackjack Bonding, 131 Nev. Adv. Op. 10, Sydney Gambee

Nevada Supreme Court Summaries

The Court determined that (1) the records of CCDC inmate calls were public records within LVMPD’s legal custody or control under the NPRA;[1] and (2) that Blackjack Bonding was the prevailing party and was therefore entitled to a statutorily mandated award attorney fees and costs,[2] regardless of their court-ordered responsibility to pay costs associated with production.

[1] See Nev. Rev. Stat. § 239.010 (2011).

[2] See Nev. Rev. Stat. § 239.011 (2011).

Summary Of David Abarra V. The State Of Nevada, 131 Nev. Adv. Op. 5, Amber Lilienthal

Nevada Supreme Court Summaries

The Court determined that (1) the appellant exhausted administrative remedies for his improper finding of guilt claim; (2) the appellant exhausted administrative remedies for his improper filing, failure to correct, and First Amendment claims; and (3) the appellant failed to state a due process claim.

Summary Of Jones V. Nev. State Bd. Of Med. Examiners, 131 Nev. Adv. Op. 4, Janine Lee

Nevada Supreme Court Summaries

When the Nevada Board of Medical Examiners (the “Board”) issues a petition for contempt due to a party’s failure to comply with an administrative subpoena or otherwise properly participate in a proceeding before the Board, NRS 630.355 is the governing statute that allows the Board to enforce compliance with its administrative process. Pursuant to NRS 630.355, venue is proper “in the district court of the county in which the proceeding is being conducted (emphasis added).” Venue for a proceeding under this statute is proper in the county where the administrative work of the Board takes place.

A Taxonomy Of Discretion: Refining The Legality Debate About Obama’S Executive Actions On Immigration, Michael Kagan

Scholarly Works

Broad executive action has been the Obama Administration’s signature contribution to American immigration policy, setting off a furious debate about whether the President has acted outside his constitutional powers. But the legal debate about the scope of the President’s authority to change immigration policy has not fully recognized what is actually innovative about the Obama policies, and thus has not focused on those areas where he has taken executive discretion into uncharted territory. This essay aims to add new focus to the debate about Pres. Obama’s executive actions by defining five different types of presidential discretion: Congressionally-authorized discretion, non-enforcement discretion, …

Summary Of Stockmeier V. Green, 130 Nev. Adv. Op. 99, Tom Stewart

Nevada Supreme Court Summaries

The court determined that Nevada’s Chief Medical Officer’s examination of inmate diets and her resulting report to the Board fell well short of what was required by NRS 209.382(1)(b) in that included no analysis of the diets of general population inmates, addressed diets at only one of Nevada's correctional facilities, and generally lacked any indication as to how the required examination was conducted.

Summary Of Déjà Vu Showgirls Of Las Vegas, Llc V. Nevada Dep’T Of Taxation, 130 Nev. Adv. Op. 72, Hayley Miller

Nevada Supreme Court Summaries

The Court (1) determined the sole remedy for a taxpayer aggrieved by a final decision from the Nevada Tax Commission concerning a tax refund request under NRS Chapter 368A (the Nevada Live Entertainment Tax) is to file a petition for judicial review pursuant to NRS 233B.130 and (2) reaffirmed its judicial estoppel doctrine.

Summary Of Nassiri V. Chiropractic Physician's Bd., 130 Nev. Adv. Op. 27, Danielle Barraza

Nevada Supreme Court Summaries

The Court determined two issues: 1) whether NRS 233B.135 of the Nevada Administrative Procedure Act sets out a standard of judicial review or a standard of proof, and 2) what standard of proof is required for state agencies in adjudicative hearings in the absence of a specific statutory mandate. Summary by Danielle Barraza.

Summary Of Liberty Mut. V. Thomasson, 130 Nev. Adv. Op. 409, Erica Nannini

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether NRS 233B.130(2)(b) is a mandatory jurisdictional requirement, and (2) whether Liberty Mutual is a resident of Washoe County to grant the Second Judicial District Court jurisdiction to consider its petition for judicial review.

Summary Of Pub. Emps.’ Ret. Sys. Of Nev. V. Reno Newspapers, Inc., 129 Nev. Adv. Op. 88, Ryan Becklean

Nevada Supreme Court Summaries

The Court determined whether the confidentiality set forth in NRS 286.110(3) applies to individual files of retired employees maintained by the Public Employees’ Retirement System of Nevada (“PERS”).

Summary Of Elizondo V. Hood Mach., Inc., 129 Nev. Adv. Op. 84, Jennifer Cutshall

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether an appeals officer’s conclusory order in a workers’ compensation matter failed to meet the statutory requirements of NRS 233B.125; and (2) whether the doctrines of claim and issue preclusion apply to require dismissal of a fourth request to reopen an industrial injury claim under NRS 616C.390.

Summary Of Nevada Public Employees Retirement Board V. Smith, 129 Nev. Adv. Op. 65, Jeff Scarborough

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether an employee under the Public Employees’ Retirement System (“PERS”) could receive retirement benefits before effectively retiring from PERS; and (2) whether an employee under PERS is entitled to equitable relief under NRS 286.190(3)(a) against PERS when PERS did not provide inaccurate information.

Summary Of Majuba Mining V. Pumpkin Copper, 129 Nev. Adv. Op. 19, Timothy A. Wiseman

Nevada Supreme Court Summaries

The court considered whether a mining company’s failure to pay federal claim maintenance fees, required to avoid forfeiting an unpatented mining claim, rendered a dispute over superior title moot. The court found that since the mining claim was forfeited under federal law, the dispute over superior title was no longer actionable and moot.

Nevada Administrative Law Research Guide, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Nevada Legal Research Guides / Reference Desk Guides

No abstract provided.

Summary Of State, Dep’T Of Taxation V. Masco Builder, 127 Nev. Adv. Op. 66, Rami Hernandez

Nevada Supreme Court Summaries

An appeal from a district court order granting a petition for judicial review in a tax matter.

Summary Of City Of North Las Vegas V. Warburton, 127 Nev. Adv. Op. No. 62, Daniella Labounty

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order granting a petition for judicial review in a workers’ compensation action.

Summary Of City Of North Las Vegas V. State, Emrb, 127 Nev. Adv. Op. No. 57, Colin Seale

Nevada Supreme Court Summaries

An appeal of an order denying a petition for judicial review in a local government employment matter.

Summary Of State, Tax Comm’N V. American Home Shield, 127 Nev. Adv. Op. No. 31, Chelsey Bosworth

Nevada Supreme Court Summaries

An appeal from a taxpayer refund action where the district court determined that the taxpayer was entitled to refunds from prior years and interest.

Summary Of Village League V. State, Bd. Of Equalization, 127 Nev. Adv. Op. No. 30, Christopher Scott Connell

Nevada Supreme Court Summaries

Appeal from a district court order granting a writ of mandamus for the overpayment of property taxes.

Summary Of Southern California Edison V. First Judicial District Court, 127 Nev. Adv. Op. No. 22, Cayla Witty

Nevada Supreme Court Summaries

A petition for a writ of mandamus challenging whether the district court hears use tax refund claims as independent actions, requiring de novo review, or as a petition for judicial review under NRS Chapter 233B, which is more deferential to the Nevada Tax Commission’s prior decision.

Summary Of Western Surety Co. V. Adco Credit Inc., 127 Nev. Adv. Op. No. 8, Meredith Still

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order granting a petition for judicial review in a Department of Motor Vehicles bond matter.

Summary Of Personhood Nevada V. Bristol, 126 Nev. Adv. Op. No. 56, Ryan Henry

Nevada Supreme Court Summaries

The Court considered an appeal from a First Judicial District Court order that found a proposed initiative violated NRS 295.009’s single-subject rule and prohibited its placement on the 2010 general election ballot.

Summary Of City Of Las Vegas V. Lawson, 126 Nev. Adv. Op. No. 52, Dan Hill

Nevada Supreme Court Summaries

District court’s denial to review administrative hearing affirmed because claimant’s condition satisfied the statutory requirements.

Summary Of Pyramid Lake Paiute Tribe V. State Engineer, 126 Nev. Adv. Op. No. 48, Sean W. Mcdonald

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Citizens Of Reno V. Citizens For Cold Springs, 126 Nev. Adv. Op. 27, Thomas D. Pilkington

Nevada Supreme Court Summaries

Appeal from a district court’s finding that the City failed to properly amend the Reno Master Plan (“RMP”) and finding that the City violated former Reno Municipal Code (“RMC”) §18.06.404(d)(1)(b).

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, empowered the State Engineer to postpone taking action on water appropriation applications “[for] municipal use,” where disputants filed applications within one year prior to the amendment.

Summary Of Marvin V. Fitch, 126 Nev. Adv. Op. No. 18, Ammon Francom

Nevada Supreme Court Summaries

An appeal from a district court order of dismissal, certified as final under NRCP 54(b), in a 42 U.S.C. § 1983 action.

Summary Of Naiw V. Nevada Self-Insurers Ass’N, 126 Nev. Adv. Op. 7, Thomas D. Pilkington

Nevada Supreme Court Summaries

Feb. 25, 2010

Summary Of Garcia V. Scolari’S Food & Drug, 125 Nev. Adv. Op. No. 6, Richard Manhattan

Nevada Supreme Court Summaries

As a matter of first impression, the Court offered guidance on what constitutes—or rather what does not constitute—good reason for failing to present evidence during an administrative hearing under NRS 233B.131(2). The statute is part of Nevada’s Administrative Procedure Act. In a related matter, the Court affirmed the administrative tribunal’s denial of occupational disease benefits for reasons of insufficient evidence.

Summary Of Canyon Villas V. State, Tax Comm’N, 124 Nev. Adv. Op. No. 7, Casey G. Perkins

Nevada Supreme Court Summaries

Appeal from a district court order denying judicial review of property tax valuation.

Summary Of Dutchess Business Services, Inc.; And Legend Pharmaceuticals, Inc. V. Nevada State Board, 124 Nev. Adv. Op. No. 63, Elham Roohani

Nevada Supreme Court Summaries

Appeal from a district Court order denying review of a Nevada State Board of Pharmacy Decision to revoke wholesaler licenses and impose fines.