Law Commons^™

Summary Of Griffin V. Old Republic Ins. Co., 122 Nev. Adv. Op. 42, Jacqueline A. Gilbert

Nevada Supreme Court Summaries

Appellant Griffin, after sustaining severe personal injuries when a plane piloted by Kevin Jensen crashed into Griffin’s yard, sued Jensen in Nevada state court. Jensen carried an Old Republic Insurance Company aviation policy for the plane. The Old Republic aviation insurance application contained a clause, which Jensen initialed, stating that the aircraft would not be covered “unless a standard airworthiness certificate is in full force and effect.” Further, the policy excluded coverage when “the Airworthiness certificate of the aircraft is not in full force and effect” or when “the aircraft has not been subjected to the appropriate airworthiness inspection(s) as …

Summary Of Insurance Company Of The West V. Gibson Tile Company, 122 Nev. Adv. Op. 40 , David T. Gluth

Nevada Supreme Court Summaries

Appellant surety (Insurance Company of the West) appealed a decision from the Eighth District which entered a judgment upon a jury verdict in favor of respondent principal (Gibson Tile) for breach of contract. The surety also appealed the district court’s ruling on its indemnity claim.

Summary Of Albios V. Horizon Communities, Inc., 122 Nev. Adv. Op. 37, 132 P.3d 1022, Richard D. Chatwin

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Ford V. State Of Nevada, 122 Nev. Adv. Op. 36, Denise S. Balboni

Nevada Supreme Court Summaries

Appeal from jury verdict in criminal trial on grounds that prosecutors impermissibly excluded jurors based on race in violation of Batson v. Kentucky.

Summary Of Stockmeier V. Nev. Dep’T. Of Corrections Psychological Review Panel, 124 Nev. Adv. Op. No. 30, Holly Ludwig

Nevada Supreme Court Summaries

Appeal from district court’s grant of a 12(b)(5) motion to dismiss in favor of Defendant Psych Panel. District court held: (1) that Stockmeier lacked standing to assert violations of the open meeting law; (2) that prisoners cannot conduct the people’s business and therefore cannot assert open meeting law violations; and (3) that Psych Panel hearings qualify as quasi-judicial proceedings and are therefore exempt from the open meeting law.

Summary Of In The Matter Of William S., 122 Nev. Adv. Op. 38, 132 P.3d 1015, Richard D. Chatwin

Nevada Supreme Court Summaries

An appeal from a juvenile court certifying a minor for criminal proceedings as an adult.

Summary Of Barnhart V. State, 122 Nev. Adv. Op. 26, Robert Reid

Nevada Supreme Court Summaries

No abstract provided.

Summary Of State V. Sargent, 122 Nev. Adv. Op. 18, Michael Pandullo

Nevada Supreme Court Summaries

The Court decided whether justice courts have jurisdiction to order a defendant to personally appear at a preliminary hearing when the defendant has filed a waiver of personal appearance and counsel has appeared on his behalf.

Summary Of Simonian V. The University And Community College System Of Nevada, 122 Nev. Adv. Op. 16, Bryan Lindsey

Nevada Supreme Court Summaries

An appeal challenging an order that UCCSN is a state entity not subject to liability under False Claims Act (FCA) and an award of attorney fees as sanctions for bringing a claim not wellgrounded in fact or law.

Summary Of Herman V. State, 122 Nev. Adv. Op. 17, Michael Pandullo

Nevada Supreme Court Summaries

In this case, the Court considered two issues: (1) whether DNA evidence voluntarily submitted to a public facility to absolve a defendant of a crime may be used in an unrelated criminal prosecution, and (2) whether reading a presentence report to a jury during the sentencing phase is error when the report cannot be made part of the public record.

Summary Of In Re Resort At Summerlin Litigation, 122 Nev. Adv. Op. 15, 127 P.3d 1076, Bryan Lindsey

Nevada Supreme Court Summaries

Appeal and cross-appeal from a district court order granting a holder of a deed of trust priority over holders of mechanic’s liens but denying deed of trust holder’s request for costs.

Summary Of In The Matter Of Discipline Of Peirce, 122 Nev. Adv. Op. No. 8, Andrea Jundt

Nevada Supreme Court Summaries

Petition for reciprocal discipline of attorney based on a suspension from the United States Patent and Trademark Office (USPTO).

Summary Of International Game Tech. V. Dist. Ct., 122 Nev. Adv. Op. No. 13, Krystal Gallagher

Nevada Supreme Court Summaries

Petitioner, Nevada’s Attorney General, appeals from the district courts’ refusals to dismiss actions brought under Nevada’s False Claims Act (“FCA”) by respondents, James McAndrews and Beeler, Schad & Diamond, P.C. Nevada permits individuals to become private attorneys general, which grants individuals the right to sue on behalf of the state. This individual is known as a quitam plaintiff. After filing an action, the quitam plaintiff must send the Attorney General a copy of the complaint and a written disclosure of all material information, and then the complaint is sealed. The complaint remains sealed and the defendants are not served until …

Summary Of Cable V. Eicon, 122 Nev. Adv. Op. 12, Brandon P. Kemble

Nevada Supreme Court Summaries

Appeal from a district court order granting summary judgment in an employment matter involving former employees of the state’s industrial insurance system.

Summary Of Redeker V. Dist. Ct., 122 Nev. Adv. Op. 14, Brandon P. Kemble

Nevada Supreme Court Summaries

Arie R. Redeker, facing a capital murder trial, made a petition for a writ of mandamus or prohibition challenging the alleged aggravating circumstances that he was convicted of a felony involving the use or threat of violence to the person of another.

Summary Of Mason V. Cuisenaire, 122 Nev. Adv. Op. 6, Gregory A. Hubbard

Nevada Supreme Court Summaries

Rod Mason and Martine Cuisenaire were divorced under a decree from a North Carolina court, but did not raise the issue of child support for their mutual child in that court. Cuisenaire petitioned a Nevada court to grant retroactive and prospective child support since Mason had since moved to Nevada. The Nevada Supreme Court held that the district court was correct in awarding retroactive child support, but that the district court should have relied upon North Carolina law, not Nevada law, in determining its retroactive support award.

Summary Of Mccrary V. Bianco, 122 Nev. Adv. Op. 10, Eunice Kasiske

Nevada Supreme Court Summaries

Thomas and Rebecca McCrary (“McCrary”) appealed from a post-verdict district court order awarding attorney fees based upon the cost shifting provisions of NRCP 68 and NRS 17.115. Dominic Bianco (“Bianco”) cross-appealed from the denial of its motion for partial satisfaction of judgment. McCrary unsuccessfully argued that the district court erred in its failure to consider pre-offer attorney fees and costs as part of its determination of the total judgment for cost-shifting purposes. McCrary successfully argued that the district court erred in not including pre-offer prejudgment interest in its comparison between the total amount awarded and the offer of judgment, for …

Summary Of State Drywall, Inc. V. Rhodes Design & Dev., 122 Nev. Adv. Op. 11, Eunice Kasiske

Nevada Supreme Court Summaries

State Drywall Inc. (“State Drywall”) appealed the district court’s order awarding Rhodes Design & Development (“Rhodes”) its attorney fees and costs in a breach of contract action pursuant to the cost-shifting provisions of NRCP 68(g) and NRS 17.115(5). State Drywall successfully argued that the district court should have awarded prejudgment interest on the two payments that Rhodes made before trial but after litigation had commenced, and added that prejudgment interest to the judgment awarded in making the comparison to the offer of judgment under NRCP 68(g) and NRS 17.115(5).

Summary Of Sustainable Growth V. Jumpers, 122 Nev. Adv. Op. 7, Gregory A. Hubbard

Nevada Supreme Court Summaries

Plaintiffs, including Douglas County and various corporate parties, challenged a voter initiative which limited the number of new dwelling units that could be constructed annually in the county. Plaintiffs alleged that the voter initiative violated the county’s master development plan, that the voter initiative was an unconstitutional taking in violation of the Nevada constitution, and that adopting the voter initiative would violate specific state constitutional and statutory provisions. The Nevada Supreme Court found the SGI sufficiently legal to survive summary judgment on each of plaintiffs’ claims.

Summary Of Thomas V. City Of North Las Vegas, 122 Nev. Adv. Op. No. 9, Andrea Jundt

Nevada Supreme Court Summaries

Appeal from district court order vacating arbitration awards and denying attorney fees.

Summary Of Int’L Fidelity Ins. Co. V. State Of Nevada, 122 Nev. Adv. Op. 5, 126, Leanne Hoskins

Nevada Supreme Court Summaries

Jurisdictional screening of eight consolidated appeals from district court orders denying motions to remit surety bonds. The court held that it lacked jurisdiction to hear an appeal from any order entered in an ancillary bond proceeding and dismissed the appeals.

Summary Of Int’L Fidelity Ins. Co. V. State Of Nevada, 122 Nev. Adv. Op. 5, 126 P.3d 1133, Leanne Hoskins

Nevada Supreme Court Summaries

The proceeding before the Court was a jurisdictional screening of eight consolidated appeals from district court orders denying motions to remit surety bonds. The Court held that it lacked jurisdiction to hear an appeal from any order entered in an ancillary bond proceeding and dismissed the appeals.

Summary Of Bedore V. Familian, 122 Nev. Adv. Op. 2, Leanne Hoskins

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Bedore V. Familian, 122 Nev. Adv. Op. 2, Leanne Hoskins

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Moore V. State, 122 Nev. Adv. Op. 4, Stephanie Hamrick

Nevada Supreme Court Summaries

Appellant Moore was convicted of fraudulent use of a credit card based on an incident that took place in a Las Vegas Wal-Mart. His suspicious behavior2 while shopping attracted the attention of a loss prevention specialist. The loss prevention specialist suspected Moore might attempt to purchase goods with a credit card, and instructed a cashier to contact management if Moore presented a credit card without proper identification. Moore brought over $300 worth of goods to the cashier’s register and presented a credit card. When Moore could not produce identification, the cashier summoned a manager who took the credit card to …

Salt 2006 Awards Dinner Program, Society Of American Law Teachers

Meetings & Events

No abstract provided.

Lord Of The Flies: The Development Of Rules Within An Adolescent Culture, Nancy B. Rapoport

Scholarly Works

This essay, included in the book SCREENING JUSTICE--THE CINEMA OF LAW: Significant Films of Law, Order and Social Justice (Rennard Strickland, Teree E. Foster & Tauyna Lovell Banks, eds., William S. Hein & Co. 2006), discusses the development of the law in Goldman's Lord of the Flies and raises the question of whether an island populated by a mix of boys and girls - or an island populated by only girls - would have developed a different law.

Judicial Discretion To Condition, Thomas O. Main

Scholarly Works

No abstract provided.

To Err Is Human, Keith A. Rowley

Scholarly Works

This essay reviews Allan Farnsworth's final book, Alleviating Mistakes: Reversal and Forgiveness for Flawed Perceptions (Oxford U. Press 2004). There are many kinds of mistakes. One kind - a rational, well-intended decision or act that results in unanticipated, negative consequences - was the principal subject of Allan Farnsworth's previous foray into the realm of contractual angst: Changing Your Mind: The Law of Regretted Decisions (Yale U. Press 1998). Another kind - the subject of this book - is a mistake caused by an inaccurate, incomplete, or incompetent mental state at the time of an act or decision that results in …

Let The Damages Fit The Wrong: An Immodest Proposal For Reforming Personal Injury Damages, Elaine W. Shoben

Scholarly Works

The modern legislative approach to tort reform has been a piecemeal process of altering single rules rather than reconsidering the fundamental principle of compensatory damages--the goal of making victims whole. When some aspect of damage doctrine has become disfavored, such as joint and several liability, legislatures and sometimes courts have made a change in that one rule. Lawmakers have focused little on the overall remedial scheme in tort and even less on the basic premise of compensatory damages and whether it is still justifiable.

Rather than comment on the wisdom of piecemeal reform, this article questions the premise of compensatory …