Law Commons^™

Summary Of Valdez V. Cox Commc’Ns Las Vegas, 130 Nev. Adv. Op. 89, Stephen Davis

Nevada Supreme Court Summaries

The Court determined that: (1) under NRCP 21, when claims are severed, two separate actions exist and severed claims may be appealed before resolution of the other, non-severed claims; and (2) a final order for severed claims need not be certified under NRCP 54(b) before appeal.

Summary Of Fdic V. Rhodes, 130 Nev. Adv. Op. 8, Aleem A. Dhalla

Nevada Supreme Court Summaries

The Court determined that (1) 12 U.S.C. § 1821(d)(14)(A) (the “FDIC extender statute”)[1] preempts any similarly applicable state law, in this case NRS 40.4055(1)[2]; and (2) the Court refused to adopt a rule that a state statute of repose cannot be preempted by federal law.

[1] “Under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA),…the [FDIC] acts as a "conservator or receiver" for failed financial institutions. 12 U.S.C. § 1821(d)(2)(A) (2012). FIRREA extends

the time period for the FDIC, in its capacity as the failed institution's conservator or receiver, to bring a contract claim …

Summary Of D.R. Horton V. Betsinger, 130 Nev. Adv. Op. 84, Gil Kahn

Nevada Supreme Court Summaries

The Court determined that even when a case is remanded only in order for a trier of fact to determine the amount of punitive damages, NRS 42.005(3) requires that same trier of fact to first determine whether such damages are warranted.

Summary Of Oxbow Constr. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 86, Erik Foley

Nevada Supreme Court Summaries

The Court determined that (1) previously leased units become a “residence” under NRS 40.630 when their titles are later transferred to a home purchaser; (2) units previously leased prior to transfer of title to a purchaser are not considered “new” under NRS 40.615; and (3) where there is at least one “new residence” in a multiple unit building, relief is available for construction defects in the limited common areas assigned to that building.

Summary Of Renown Reg’L Med. V. Second Jud. Dist. Ct., 130 Nev. Adv. Op. 80, Leesa Goodwin

Nevada Supreme Court Summaries

The Court determined that before a court may grant summary judgment sua sponte, the defending party must be given notice and an opportunity to defend itself. Thus, summary judgment cannot be granted on claims for which no party sought summary judgment in their pleadings or arguments.

Summary Of Artiga-Morales V. State, 130 Nev. Adv. Op. 77, Janine Lee

Nevada Supreme Court Summaries

In the absence of a rule or statute mandating disclosure of jury background information from the prosecution to the defense, no such obligation exists.[1] If policy considerations dictate that defendants should be allowed to see prosecution-developed jury dossiers, then a court rule should be proposed, considered and adopted as implicitly authorized by NRS 179A.100(7)(j). Such a procedure would allow the court to better assess the “scope of disparity, impact on juror privacy interests, the need to protect work product, practicality, and fundamental fairness

than this case, with its limited record and arguments.”

[1] This is the majority opinion. A …

Summary Of Henson V. Henson, 130 Nev. Adv. Op. 79, Sydney Gambee

Nevada Supreme Court Summaries

The Court determined that (1) survivor benefits must be specifically set forth in a divorce decree notwithstanding NRS 286.590, which does not automatically confer survivor benefits and (2) immediate payment of benefits to a former non-employee spouse must be requested by motion, in accordance with California’s approach in In re Marriage of Cornejo.

[1] 916 P.2d 476 (Cal. 1996).

Summary Of Copper Sands Homeowners Ass’N, Inc. V. Flamingo 94, Llc, 130 Nev. Adv. Op. 81, Vincent Godinho

Nevada Supreme Court Summaries

The Court determined that when a third-party defendant prevails in an action and moves for costs pursuant to NRS 18.020, the district court must determine which party (plaintiff or defendant) is adverse to the third-party defendant and allocate the costs award accordingly.

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 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 Campos-Garcia V. Johnson, 130 Nev. Adv. Op. 64, Michael Valiente

Nevada Supreme Court Summaries

An appeal is properly taken from an amended judgment only when the amendment “disturb[s] or revise[s] legal rights and obligations which the prior judgment had plainly and properly settled with finality."

Thus, an appeal from a post-judgment award of attorney’s fees and costs must be timely filed, because its incorporation into an amended judgment does not disturb or revise the legal rights and obligations of the parties.

Summary Of Brady, Vorwerck, Ryder & Caspino V. New Albertson’S, Inc., 130 Nev. Adv. Op. 68, Ashleigh Wise

Nevada Supreme Court Summaries

The Court determined that NRS 11.207(1), in regards to the two-year statute of limitations, is tolled against a cause of action for attorney malpractice pending the outcome of the underlying lawsuit in which the malpractice allegedly occurred. The Court did not address whether the four-year time limitation may be tolled, because that time limitation had not expired when the malpractice action at issue was filed.

Summary Of All Star Bail Bonds, Inc. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 45, Sean Daly

Nevada Supreme Court Summaries

A defendant who left the country voluntarily, but was denied admission upon returning to the country, is considered “excluded,” not “deported,” for purposes of NRS 178.509(1)(b)(5). Furthermore, a district court may not exonerate a bond without a statutory basis for doing so.

Summary Of L.V. Dev. Assocs. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 37, Ryan Becklean

Nevada Supreme Court Summaries

The Court determined whether NRS 50.125 applies to depositions.

Summary Of Dornbach V. Tenth Jud. Dist. Ct., 130 Nev. Adv. Op. 33, Kylee Gloekner

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether the NRCP 16.1(e) time period begins to run when the defendant appears or answers and (2) whether a district court may consider its own internal delays when justifying a deadline extension.

Summary Of Alcantara V. Wal-Mart Stores, Inc., 130 Nev. Adv. Op. 28, Allison Vitangeli

Nevada Supreme Court Summaries

Whether issue and/or claim preclusion can prevent an heir from asserting a wrongful-death claim under NRS 41.085(4) when the decedent’s estate had previously attempted but failed to succeed on a wrongful death claim under NRS 41.085(5).

Summary Of Liu V. Christopher Homes, Llc, 130 Nev. Adv. Op. 17, Allison Vitangeli

Nevada Supreme Court Summaries

The Court clarified two issues: (1) Sandy Valley Associates v. Sky Ranch Estates Owners Association’s and Horgan v. Felton’s effect on the law regarding the recovery of attorney fees as special damages; and (2) the extent to which Horgan retreated from Sandy Valley’s discussion about the grounds for recovering attorney fees as special damages.

Summary Of The Power Co. V. Henry, 130 Nev. Adv. Op. 21, Laura Guidry

Nevada Supreme Court Summaries

The Court determined two issues:1) whether NRCP 41(e)’s provision requiring dismissal for want of prosecution applies to an action in which the parties entered into a written and signed settlement agreement before NRCP 41(e)’s five-year deadline expired; and 2) whether the district court erred in reducing the parties’ settlement agreement to judgment. Summary written by Laura Guidry.

Summary Of Huckabay Props., Inc. V. Nc Auto Parts L.L.C., 130 Nev. Adv. Op. 23, Michael Bowman

Nevada Supreme Court Summaries

The Court determined three issues: (1) whether precedential uniformity requires a reinstatement of appeals; (2) whether failure to follow court rules is grounds for dismissing a civil appeal; and (3) whether failure to serve each attorney with a motion to dismiss is grounds for en banc reconsideration.

Summary Of Gunderson V. D.R. Horton, Inc., 130 Nev. Adv. Op. 9, Michael Bowman

Nevada Supreme Court Summaries

The Court determined three issues, whether the district court abused its discretion by: (1) denying a motion for a new trial due to claims of attorney misconduct; (2) not granting sanctions under NCRP 68 and NRS 17.115 ; and/or (3) not considering apportioning sanctions.

Summary Of Recontrust Co. V. Zhang, 130 Nev. Adv. Op. 1, Patrick Opdyke

Nevada Supreme Court Summaries

The Court determined whether a district court may consider an equitable subrogation claim upon remand when the district court previously resolved the case on other, later-reversed grounds, and the Supreme Court panel’s orders for remand were silent on the matter.

The Fourth Era Of American Civil Procedure, Thomas O. Main, Stephen N. Subrin

Scholarly Works

Every contemporary American lawyer who has engaged in litigation is familiar with the now fifty-four-volume treatise, Federal Practice and Procedure. Both of that treatise’s named authors, Charles Alan Wright and Arthur Miller, have mourned the death of a Federal Rules regime that they spent much of their professional lives explaining and often celebrating. Wright shared a sense of gloom about federal procedure that he compared to the setting before World War I. Miller has also published a series of articles that chronicled his grief.

We agree that something has fundamentally changed. In fact, we believe that we are in …