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Summary Of In The Matter Of The Estate Of John W. Bowlds, 120 Nev. Adv. Rep. 100, Kristen T. Gallagher Dec 2004

Summary Of In The Matter Of The Estate Of John W. Bowlds, 120 Nev. Adv. Rep. 100, Kristen T. Gallagher

Nevada Supreme Court Summaries

An appeal from both parties regarding a court’s review of fee agreements between an estate and its attorneys.


Summary Of State V. Sutton, 120 Nev. Adv. Rep. 99, Kristen T. Gallagher Dec 2004

Summary Of State V. Sutton, 120 Nev. Adv. Rep. 99, Kristen T. Gallagher

Nevada Supreme Court Summaries

Appeal from a final judgment from a breach of contract and breach of the implied covenant of good faith and fair dealing in an employment law case.


Summary Of Young V. State, 120 Nev. Adv. Rep. 98, Kristen T. Gallagher Dec 2004

Summary Of Young V. State, 120 Nev. Adv. Rep. 98, Kristen T. Gallagher

Nevada Supreme Court Summaries

Defendant Young appealed his criminal conviction, specifically the district court’s decision to deny his motion to dismiss and appoint new counsel. Young maintained that the lower court did not properly inquire into the facts surrounding his motion.


Summary Of Bergna V. State, 120 Nev. Adv. Rep. 92, Kristen T. Gallagher Dec 2004

Summary Of Bergna V. State, 120 Nev. Adv. Rep. 92, Kristen T. Gallagher

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Banks V. Sunrise Hospital, 120 Nev. Adv. Op. No. 89, Beth Rosenblum Dec 2004

Summary Of Banks V. Sunrise Hospital, 120 Nev. Adv. Op. No. 89, Beth Rosenblum

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Nevada Power Co. V. Eighth Judicial District Court Of Nevada, 120 Nev. Adv. Op. 97, Sally L. Galati Dec 2004

Summary Of Nevada Power Co. V. Eighth Judicial District Court Of Nevada, 120 Nev. Adv. Op. 97, Sally L. Galati

Nevada Supreme Court Summaries

Petitioner Nevada Power Company (NPC) filed a writ petition challenging the district court’s jurisdiction over a class action complaint against NPC that alleged deceptive and unfair trade practices, breach of the covenant of good faith and fair dealing, and breach of contract. The two issues facing the Nevada Supreme Court were (1) whether the district court had subjectmatter jurisdiction to entertain a complaint against a public utility for the above causes of action; and (2) if the district court did have jurisdiction over those claims, did the Public Utilities Commission of Nevada (PUC) have primary jurisdiction such that the district …


Summary Of Butler V. State, 120 Nev. Adv. Op. 93, Sally L. Galati Dec 2004

Summary Of Butler V. State, 120 Nev. Adv. Op. 93, Sally L. Galati

Nevada Supreme Court Summaries

Defendant appealed his conviction on two counts of first-degree murder with the use of a deadly weapon, for which he received a sentence of death.


Summary Of United Insurance Company Of America Vs. Chapman, 120 Nev. Adv. Rep. 83, Ryan Hall Nov 2004

Summary Of United Insurance Company Of America Vs. Chapman, 120 Nev. Adv. Rep. 83, Ryan Hall

Nevada Supreme Court Summaries

The Nevada Supreme Court ruled that the prejudgment interest awarded to Chapman should have been calculated pursuant to the specific interest statute, rather than the general interest statute, because the special interest statute was in effect when the judgment was entered. The district court had erred by awarding the attorney fees to Chapman, because United’s claim was brought on reasonable ground. The award of postjudgment interest awarded to Chapman was also reversed.


Summary Of Horne V. City Of Mesquite, 120 Nev. Adv. Op. 79, Ira David Nov 2004

Summary Of Horne V. City Of Mesquite, 120 Nev. Adv. Op. 79, Ira David

Nevada Supreme Court Summaries

City of Mesquite Mayor Charles Horne appealed a Declaratory Judgment of the Eighth Judicial District Court, holding City of Mesquite initiative ordinance MQ1 to be invalid as conflicting with state statutes, but that the severability clause of the ordinance evaded total invalidity. Furthermore, that same declaratory judgment held City of Mesquite initiative ordinance MQ3 to be totally invalid as conflicting with state statutes.


Summary Of U. And Community C. Sys. Of Nev. V. Nevadans For Sound Gov't., 120 Nev. Adv. Op. 81, Clarke Walton Nov 2004

Summary Of U. And Community C. Sys. Of Nev. V. Nevadans For Sound Gov't., 120 Nev. Adv. Op. 81, Clarke Walton

Nevada Supreme Court Summaries

Respondent, Nevadans for Sound Government (NSG) is a political organization that gathers signatures on government owned property. NSG filed an action in district court alleging actions taken by Regional Transportation Commission of Washoe County (RTC) and University and Community College System of Nevada (UCCSN) unlawfully restricted access to RTC and UCCSN properties for signature collecting purposes. The district court concluded that certain actions by appellants unlawfully violated respondent's constitutional and statutory rights. The supreme court reversed the decision that respondent's constitutional rights were violated, and partially affirmed the decision that its statutory rights were violated.


Summary Of State Farm Mutual Automobile Ins. Co. V. Fitts, 120 Nev. Adv. Op. 80, Ira David Nov 2004

Summary Of State Farm Mutual Automobile Ins. Co. V. Fitts, 120 Nev. Adv. Op. 80, Ira David

Nevada Supreme Court Summaries

United States District Court submitted a certified question to the Nevada Supreme Court to determine whether automobile insurers may contractually reduce the time frame allowable for an insured motorist to file for uninsured or underinsured motorist benefits.


Summary Of Maiola V. State Of Nevada, 120 Nev. Adv. Op. 76, Clarke Walton Oct 2004

Summary Of Maiola V. State Of Nevada, 120 Nev. Adv. Op. 76, Clarke Walton

Nevada Supreme Court Summaries

Petition for rehearing in an appeal from a district court order denying a motion for return of property under NRS 179.085.


Summary Of Middleton Vs. Warden, 120 Nev. Adv. Rep. 74, Ryan Hall Oct 2004

Summary Of Middleton Vs. Warden, 120 Nev. Adv. Rep. 74, Ryan Hall

Nevada Supreme Court Summaries

The Nevada Supreme Court removed Middleton’s appointed appellate counsel due to substandard representation. On initial review, the Nevada Supreme Court ordered Middleton's counsel to submit an amended brief, limited to 80 pages. Counsel's "amended" brief was simply the original brief with the final few pages removed so as to meet the 80-page requirement. Counsel had repeatedly violated court orders, and the work product he ultimately submitted was unacceptable for representation of a client who was facing a death sentence.


Summary Of Atkinson V. Mgm Grand Hotel, Inc., 120 Nev. Ad. Op. 71, Amanda Yen Oct 2004

Summary Of Atkinson V. Mgm Grand Hotel, Inc., 120 Nev. Ad. Op. 71, Amanda Yen

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Bohlmann V. Printz, 120 Nev. Adv. Rep. 62, Z. Ryan Pahnke Sep 2004

Summary Of Bohlmann V. Printz, 120 Nev. Adv. Rep. 62, Z. Ryan Pahnke

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Lobato V. State, 120 Nev. Adv. Op. No. 57, Keith Brown Sep 2004

Summary Of Lobato V. State, 120 Nev. Adv. Op. No. 57, Keith Brown

Nevada Supreme Court Summaries

District court convictions for first-degree murder and sexual penetration of a dead body reversed and case remanded for new trial. Trial court’s exclusion of extrinsic evidence to prove potential bias of State’s witness against Defendant was reversible error, not harmless error. Although a trial court had broad discretion to control cross-examination attacking a witness’s credibility, that discretion was narrowed when bias or motive was to be shown. Unless materially related to the case and admissible on other grounds, extrinsic evidence of prior bad acts or inconsistent statements is always collateral and, therefore, inadmissible to attack credibility. But, extrinsic evidence to …


Summary Of Heller V. Legislature, 120 Nev. Adv. Op. No. 51, Keith Brown Jul 2004

Summary Of Heller V. Legislature, 120 Nev. Adv. Op. No. 51, Keith Brown

Nevada Supreme Court Summaries

On April 2, 2004, The Honorable Dean Heller, Secretary of State of the State of Nevada, sought an original petition for a writ of mandamus by the Nevada Supreme Court to compel the state Legislature (as a whole) to enforce separation of powers. The Secretary challenged whether state government employees’ service in the state Legislature (dual service) violated the constitutional separation of powers doctrine and questioned whether local government employees’ service in the Legislature also violated the separation of powers. The petition asked the court to: (1) find that service in the Legislature by “certain,” unidentified state executive branch employees …


Summary Of Allred V. State, 120 Nev. Adv. Op. 47, Hilary Barrett Muckleroy Jul 2004

Summary Of Allred V. State, 120 Nev. Adv. Op. 47, Hilary Barrett Muckleroy

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Bailey V. State, Scott Whittemore Jun 2004

Summary Of Bailey V. State, Scott Whittemore

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Bell V. Leven, 120 Nev. Adv. Rep. 43, Jeff Hall Jun 2004

Summary Of Bell V. Leven, 120 Nev. Adv. Rep. 43, Jeff Hall

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Lindblom V. Prime Hospitality Corp., 120 Nev. Adv. Op. No. 40, Keith Brown Jun 2004

Summary Of Lindblom V. Prime Hospitality Corp., 120 Nev. Adv. Op. No. 40, Keith Brown

Nevada Supreme Court Summaries

District court’s order setting aside default judgment against hotel-Respondent affirmed. An order setting aside a default judgment was appealable as a special order under Nevada Rules of Appellate Procedure (NRAP) 3A(b)(2)2. The trial court’s determination of excusable neglect under Nevada Rules of Civil Procedure (NRCP) 60(b)(2)3 was not a proper basis upon which to grant relief from the default judgment, but a trial court’s exercise of discretion to deny or grant a motion to set aside a default judgment under NRCP 60(b)(1) on the grounds of mistake, inadvertence, surprise, or excusable neglect will not be disturbed upon appeal, absent an …


Summary Of Fire Ins. Exch. V. Cornell, 120 Nev. Adv. Op. 35, Angela Morrison Jun 2004

Summary Of Fire Ins. Exch. V. Cornell, 120 Nev. Adv. Op. 35, Angela Morrison

Nevada Supreme Court Summaries

Fire Insurance Exchange (“FIE”) appealed an order granting the respondents summary judgment that concluded FIE’s homeowner’s liability coverage extended to negligent supervision resulting in intentional acts and child molestation.


Summary Of State V. Dist. Ct. (Epperson), 120 Nev. Adv. Op. 30, Angela Morrison May 2004

Summary Of State V. Dist. Ct. (Epperson), 120 Nev. Adv. Op. 30, Angela Morrison

Nevada Supreme Court Summaries

The State sought a writ of mandamus or prohibition to prevent the district court from ordering the State, as part of discovery pursuant to a criminal case, to turn over a copy of a child pornography videotape to the defense counsel.


Summary Of Mikohn Gaming Corp. V. Mccrea, 120 Nev. Adv. Op. 29, Angela Morrison May 2004

Summary Of Mikohn Gaming Corp. V. Mccrea, 120 Nev. Adv. Op. 29, Angela Morrison

Nevada Supreme Court Summaries

Appellants sought a stay of the district proceedings under Nevada Rules of Appellate Procedure 8(c), during their appeal of the district court’s denial of appellant’s motion to compel arbitration.


Summary Of Olson V. Aztech Plastering Co., 120 Nev. Adv. Op. 28, Angela Morrison May 2004

Summary Of Olson V. Aztech Plastering Co., 120 Nev. Adv. Op. 28, Angela Morrison

Nevada Supreme Court Summaries

This case was an appeal from an order denying a new trial on a construction defects case brought under Chapter 40 of Nevada Revised Statutes. The district court held that under Calloway v. City of Reno,2 a plaintiff cannot bring a negligence action for economic loss arising from a construction defects claim.


Summary Of Bronneke V. Rutherford, Ronda Heilig May 2004

Summary Of Bronneke V. Rutherford, Ronda Heilig

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Gilman V. Nevada State Bd. Med. Exam’Rs, 120 Nev. Adv. Op. 31, Angela Morrison May 2004

Summary Of Gilman V. Nevada State Bd. Med. Exam’Rs, 120 Nev. Adv. Op. 31, Angela Morrison

Nevada Supreme Court Summaries

Bradley Gilman appealed an order denying judicial review of a disciplinary action taken against him by the Nevada State Board of Veterinary Medical Examiners.


Summary Of Pan V. Eighth Judicial District Court, 120 Nev. Adv.Op.No.26, Ronda Heilig May 2004

Summary Of Pan V. Eighth Judicial District Court, 120 Nev. Adv.Op.No.26, Ronda Heilig

Nevada Supreme Court Summaries

When all of the “prerequisites for finality are met, an order that dismisses a case for forum non conveniens is a final judgment that should be reviewed on appeal,”2 and not via a petition for a writ of mandamus.


Summary Of Morgan V. State, 120 Nev. Adv.Op.No.25, Ronda Heilig May 2004

Summary Of Morgan V. State, 120 Nev. Adv.Op.No.25, Ronda Heilig

Nevada Supreme Court Summaries

A police officer’s arrest for misdemeanor traffic offenses is not arbitrary or unreasonable when the officer has “reasonable and probable grounds to believe the defendant will disregard written notice to appear in court.”2


Summary Of Attorney General V. Nos, 120 Nev. Adv. Op. 11, Christopher W. Carson Feb 2004

Summary Of Attorney General V. Nos, 120 Nev. Adv. Op. 11, Christopher W. Carson

Nevada Supreme Court Summaries

No abstract provided.