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Full-Text Articles in Civil Law
Parametric Sound Corp. V. Dist. Ct., 133 Nev. Adv. Op. 59 (Sep. 14, 2017), Lucy Crow
Parametric Sound Corp. V. Dist. Ct., 133 Nev. Adv. Op. 59 (Sep. 14, 2017), Lucy Crow
Nevada Supreme Court Summaries
The Court clarified its holding in Cohen v. Mirage Resorts, Inc. by adopting the Delaware direct harm test to determine whether a shareholder’s claim is direct or derivative. Under the direct harm test, the Court asks (1) who suffered alleged harm, and (2) who would receive benefit from recovery or another remedy? If the shareholder cannot establish a claim without showing injury to the corporation, the shareholder’s claim fails.
In Re Dish Network Derivation Litig., 133 Nev. Adv. Op. 61 (Sept. 14, 2017), Joseph K. Fabbi
In Re Dish Network Derivation Litig., 133 Nev. Adv. Op. 61 (Sept. 14, 2017), Joseph K. Fabbi
Nevada Supreme Court Summaries
The Court determined that the Auerbach test should be applied when a Special Litigation Committee (SLC) files a motion to defer a derivative claim. A derivative claim is dismissible if the SLC was independent and conducted a good faith investigation when it concluded litigation would not be in the company’s best interest.
Poremba V. S. Nev. Paving; And S&C Claims Servs., Inc. 132 Nev. Ad. Op. 24 (April 7, 2016), Baylie Hellman
Poremba V. S. Nev. Paving; And S&C Claims Servs., Inc. 132 Nev. Ad. Op. 24 (April 7, 2016), Baylie Hellman
Nevada Supreme Court Summaries
The Court considers an appeal from a district court order. The Court clarified that medical treatment is not the only expense on which a workers’ compensation claimant is permitted to exhaust his or her settlement funds. Reversed and remanded with instructions.