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Full-Text Articles in Law
Gonor V. Dale, 134 Nev. Adv. Op. 109 (Dec. 27, 2018) (En Banc), Esteban Hernandez
Gonor V. Dale, 134 Nev. Adv. Op. 109 (Dec. 27, 2018) (En Banc), Esteban Hernandez
Nevada Supreme Court Summaries
The Court found that the 90-day period in which a deceased party’s successor or representative must seek to substitute for the deceased plaintiff begins when a party files a suggestion of death on the record, not on the actual date of death. But, because appellants failed to identify the proper party to maintain the survival action within 90 days, the Court affirmed the district court’s dismissal of the suit with prejudice.
In Re: Estate Of Sarge 134 Nev. Adv. Op. 105 (Dec. 27, 2018), Kaila Patrick
In Re: Estate Of Sarge 134 Nev. Adv. Op. 105 (Dec. 27, 2018), Kaila Patrick
Nevada Supreme Court Summaries
The Court overruled the consolidation rule established in Malin v. Farmers Insurance Exchange and held that a final order resolving a consolidated case is immediately appealable as a final judgment, even if the other constituent cases or other cases are still pending. Accordingly, the Court held that the appeal at issue may proceed because the challenged order finally resolved one of multiple consolidated cases.
Valley Health Sys. V. Estate Of Jane Doe, 134 Nev. Adv. Op. 76 (Sept. 27, 2018) (En Banc), Amanda Stafford
Valley Health Sys. V. Estate Of Jane Doe, 134 Nev. Adv. Op. 76 (Sept. 27, 2018) (En Banc), Amanda Stafford
Nevada Supreme Court Summaries
The Court held that the district court acted within its discretion in sanctioning the party for discovery violations. Further, it determined that the district court’s citation to the Nevada Rules of Professional Conduct causes reputational harm that amounts to a sanction and that the district court correctly found that the attorneys did in fact violate Nevada Rule of Professional Conduct 3.3(a)(1).
N. Nev. Homes V. Gl Constr., 134 Nev. Adv. Op. 60 (Aug. 2, 2018), Jeff Chronister
N. Nev. Homes V. Gl Constr., 134 Nev. Adv. Op. 60 (Aug. 2, 2018), Jeff Chronister
Nevada Supreme Court Summaries
The Court found that the district court’s awarding of attorneys fees and costs was appropriate following bifurcated trials in which the parties settled as to damages on Northern Nevada Homes’ claims in an amount that exceeds GL Construction’s damages on its counterclaim because: 1) no statute or court rule requires the trial court to offset a damages judgment on one party’s counterclaim by the amount recovered by another party in settling its claim to determine which side is the prevailing party, and 2) the most reasonable interpretation of NRS 18.010(2)(a) and 18.020(3) precludes the use of settlement recovery for this …
Labarbera V. Wynn Las Vegas, Llc, 134 Nev. Adv. Op. 51 (Jul. 19, 2018), Casey Lee
Labarbera V. Wynn Las Vegas, Llc, 134 Nev. Adv. Op. 51 (Jul. 19, 2018), Casey Lee
Nevada Supreme Court Summaries
The Court determined that the district court erred when it precluded the appellant from testifying by video conference from Italy and when it cited the incorrect legal standard to exclude evidence of appellant’s intoxication.
Fitzgerald V. Mobile Billboards, L.L.C., 134 Nev. Adv. Op. 30 (May 3, 2018), Shaneka J. Malloyd
Fitzgerald V. Mobile Billboards, L.L.C., 134 Nev. Adv. Op. 30 (May 3, 2018), Shaneka J. Malloyd
Nevada Supreme Court Summaries
No abstract provided.
Clark Cty. Office Of The Coroner/Med. Exam'r V. Las Vegas Review-Journal, 134 Nev. Adv. Op. No. 24. (April 12, 2018) (En Banc), Tamara Cannella
Clark Cty. Office Of The Coroner/Med. Exam'r V. Las Vegas Review-Journal, 134 Nev. Adv. Op. No. 24. (April 12, 2018) (En Banc), Tamara Cannella
Nevada Supreme Court Summaries
Under NRCP 62(d) and NRCP 62(e), state and local government appellants are generally entitled to a stay of a money judgment pending appeal, without needing to post a supersedeas bond or other security as a matter of right.
Southworth V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 20 (Mar. 29, 2018), Lucy Crow
Southworth V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 20 (Mar. 29, 2018), Lucy Crow
Nevada Supreme Court Summaries
The court determined that Justice Court Rule of Civil Procedure 98 requiring appeals in small claims court to be filed within five days was jurisdictional and mandatory. The district court cannot use its discretion to expand the time to appeal.
Quinn V. Eighth Judicial Dist. Ct., 135 Nev. Adv. Op. 5 (Feb. 8, 2018) (En Banc), Shaneka J. Malloyd
Quinn V. Eighth Judicial Dist. Ct., 135 Nev. Adv. Op. 5 (Feb. 8, 2018) (En Banc), Shaneka J. Malloyd
Nevada Supreme Court Summaries
The Court determined that (1) a writ of mandamus/prohibition is appropriate when a party does not have an adequate relief in the ordinary course of the law and it is necessary to prevent improper disclosure of privileged and confidential information; (2) a Nevada district court has no authority to compel an out-of-state non-party to appear in Nevada for a deposition; and (3) specifically, a Nevada district court does not have subpoena power over a non-resident attorney that has practiced law in Nevada.
Castillo V. United Fed. Credit Union, 134 Nev. Adv. Op. 3 (Feb. 1, 2018), Jocelyn Murphy
Castillo V. United Fed. Credit Union, 134 Nev. Adv. Op. 3 (Feb. 1, 2018), Jocelyn Murphy
Nevada Supreme Court Summaries
The Court determined that (1) in a class action suit parties may not aggregate putative class member claims to reach the statutorily required jurisdictional amount for subject matter jurisdiction; (2) NRS § 104.9625(3)(b) permits an individual to combine the amount of sought statutory damages with the proposed deficiency amount in consumer transactions to obtain the jurisdictional amount for subject matter jurisdiction; and (3) district courts possess original jurisdiction over all claims for injunctive relief, even those that fail to meet the jurisdictional amount.