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Seibel V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 73 (Nov. 23, 2022), Tzu-Wen Lin Jan 2023

Seibel V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 73 (Nov. 23, 2022), Tzu-Wen Lin

Nevada Supreme Court Summaries

In this opinion drafted by Justice Hardesty, the Court clarifies the burden of proof that district courts are to use when determining whether the crime-fraud exception should apply under NRS 49.115(1). The Court holds that the party seeking to invoke the crime-fraud exception must satisfy a two-part test which the party must show by a preponderance of the evidence: (1) “the client was engaged in or planning a criminal or fraudulent scheme when it sought the advice of counsel to further the scheme” and (2) the attorney-client communications for which production is sought are “sufficiently related to and were made …


Eby V. Johnston Law Office, P.C., 138 Nev. Adv. Op. 56 (Sep. 08, 2022), Davit Sargsian Oct 2022

Eby V. Johnston Law Office, P.C., 138 Nev. Adv. Op. 56 (Sep. 08, 2022), Davit Sargsian

Nevada Supreme Court Summaries

The Nevada Supreme Court affirmed the district court’s decision to strike the second amended complaint and reversed the decision to dismiss the remaining malpractice claim with prejudice. According to Nevada’s Uniform Power of Attorney Act, the Court held a non-lawyer agent working under a power of attorney regarding claims and litigation could not litigate an action pro se in place of the principal or engage in the practice of law on the principal’s behalf. The trial court correctly held that the appellant’s non-lawyer agent under a power of attorney was engaged in the unauthorized practice of law. The decision to …


R.J. Reynolds Tobacco Co. V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 55 (July 28, 2022), Christopher Sommers Aug 2022

R.J. Reynolds Tobacco Co. V. Eighth Jud. Dist. Ct., 138 Nev. Adv. Op. 55 (July 28, 2022), Christopher Sommers

Nevada Supreme Court Summaries

In an opinion drafted by Justice Cadish, the Court clarifies whether a plaintiff has the standing to assert a deceptive trade practice claim under NRS 41.600(1) when the plaintiff never purchased or used products manufactured by the defendant. The Court found that a plaintiff has standing as long as they can show they are directly harmed by the deceptive trade practices of the defendant. Additionally, it found that the plaintiffs pleaded sufficient facts, including that they were directly harmed by the petitioner’s false and misleading advertising. Thus, the Court denied the defendant’s petition for writ relief.


Cummings V. Barber, 136 Nev. Adv. Op. 18 (April 2, 2020), Alexis Taitel Apr 2020

Cummings V. Barber, 136 Nev. Adv. Op. 18 (April 2, 2020), Alexis Taitel

Nevada Supreme Court Summaries

No abstract provided.


Jaramillo V. Ramos, 136 Nev. Adv. Op. 17 (Apr. 2, 2020), Jose Tafoya Apr 2020

Jaramillo V. Ramos, 136 Nev. Adv. Op. 17 (Apr. 2, 2020), Jose Tafoya

Nevada Supreme Court Summaries

The Court found a plaintiff is not required to provide expert testimony to survive a defendant’s summary judgment motion when the plaintiff is relying on the res ipsa loquitur statute’s prima facie case of negligence. Rather, plaintiff must only establish facts that entitle it to a rebuttable presumption of negligence under Nevada’s res ipsa loquitur statute. Whether a defendant can rebut the presumption through their own expert testimony or evidence is a question of fact for the jury.


Reynolds V. Tufenkjian, 136 Nev. Adv. Op. 19 (Apr. 9, 2020), Brittni Tanenbaum Apr 2020

Reynolds V. Tufenkjian, 136 Nev. Adv. Op. 19 (Apr. 9, 2020), Brittni Tanenbaum

Nevada Supreme Court Summaries

The Court considered whether a party who purchased a judgment debtor’s rights of action could motion the Court to substitute themselves in as the real party in interest and dismiss the appeal. The Court held that only “things in action” that are otherwise assignable may be subject to execution to satisfy a judgment. The Court concluded that tort claims for personal injury—including fraud/intentional misrepresentation and elder exploitation—are generally not assignable. The Court further concluded that tort claims for injury to property and contract-based claims, unless the claims are personal in nature, are generally assignable. Therefore, the Court granted the respondents’ …


In Re Raggio Family Trust, 136 Nev. Ad. Op. 21 (Apr. 9, 2020), Aariel Williams Apr 2020

In Re Raggio Family Trust, 136 Nev. Ad. Op. 21 (Apr. 9, 2020), Aariel Williams

Nevada Supreme Court Summaries

The Court determined that neither the language in the trust instrument nor NRS 163.4175 requires the trustee to consider the beneficiary’s other assets before making distributions from the trust.


State Of Nevada Department Of Employment, Training & Rehabilitation, Employment Security Division V. Sierra National Corporation, D/B/A The Love Ranch, A Nevada Corporation, 136 Nev., Adv. Op. 11 (Mar. 26, 2020), Alexandra Matloff Mar 2020

State Of Nevada Department Of Employment, Training & Rehabilitation, Employment Security Division V. Sierra National Corporation, D/B/A The Love Ranch, A Nevada Corporation, 136 Nev., Adv. Op. 11 (Mar. 26, 2020), Alexandra Matloff

Nevada Supreme Court Summaries

The Court held that because the records requested by the legal brothel the Love Ranch do not violate the limitations set forth in NRS 612.265, the district court was correct to grant the Love Ranch’s petition for a writ of mandamus.


Rosen V. Tarkanian, 135 Nev. Adv. Op. 15 (December 12, 2019), Andrew Brown Jan 2020

Rosen V. Tarkanian, 135 Nev. Adv. Op. 15 (December 12, 2019), Andrew Brown

Nevada Supreme Court Summaries

This issue was whether several of Jacky Rosen’s statements about Danny Tarkanian made during her political campaign constituted defamation. The Court determined that Rosen’s political statements were made in good faith and, therefore, the case was reversed and remanded with instructions for the district court to grant the special motion to dismiss.


Toll V. Dist. Ct. (Gilman), 135 Nev., Advanced Opinion 58 (December 5, 2019), Gabrielle Boliou Jan 2020

Toll V. Dist. Ct. (Gilman), 135 Nev., Advanced Opinion 58 (December 5, 2019), Gabrielle Boliou

Nevada Supreme Court Summaries

A blogger claimed that his sources are protected under NRS 49.275. The court held that digital media is protected, but did not address whether a blogger is protected. The district court did not err in allowing discovery to determine whether the blogger acted with actual malice.


Chandra V. Schulte, 135 Nev. Adv. Op. 66 (December 26, 2019), Michael Desmond Jan 2020

Chandra V. Schulte, 135 Nev. Adv. Op. 66 (December 26, 2019), Michael Desmond

Nevada Supreme Court Summaries

The Court determined that (1) the spousal exception bars recovery from the Nevada Real Estate Education, Research and Recovery Fund (“Fund”) for fraud incurred during the period of the marriage and (2) where a spouse co-owned the defrauded property, the surviving spouse may not recover from the Fund.


In Re Application Of Finley, Nevada Ct. App., No. 76715-Coa (July 25, 2019), Ben Coonan Jan 2020

In Re Application Of Finley, Nevada Ct. App., No. 76715-Coa (July 25, 2019), Ben Coonan

Nevada Supreme Court Summaries

The court found that the lower court had erroneously applied the incorrect statute in determining the requisite waiting period to file an application to seal records, and reversed and remanded with instructions for the lower court to apply the updated statute. The court found Finley’s argument – that a later court is prohibited from considering that conviction in an application to seal further records once record of a conviction has been sealed – without merit because statutory language expressly permits courts to consider sealed records in future applications.


Mcnamee V. Eighth Judicial District Court, 135 Nev. Adv. Op. 52 (Oct. 17, 2019), Alfa Alemayehu Oct 2019

Mcnamee V. Eighth Judicial District Court, 135 Nev. Adv. Op. 52 (Oct. 17, 2019), Alfa Alemayehu

Nevada Supreme Court Summaries

The Court overruled Barto v. Weishaar, partly granted the petitioner’s writ of mandamus, and held that if a suggestion of death is properly served, the 90-day deadline to file a motion to substitute is triggered regardless of which party files it and whether it identifies the deceased party’s successor or representative.


Saticoy Bay Llc V. Nev. Ass’N Servs., 135 Nev. Adv. Op. 23 (Jul. 3, 2019), Katrina Fadda Sep 2019

Saticoy Bay Llc V. Nev. Ass’N Servs., 135 Nev. Adv. Op. 23 (Jul. 3, 2019), Katrina Fadda

Nevada Supreme Court Summaries

The Court held that (1) under Nevada's HOA foreclosure redemption statute NRS 116.31166(3) a homeowner may use proceeds from the foreclosure sale to go towards redemption of the property; and (2) that sufficient compliance with the statute is enough to satisfy the statute's requirements.


Waste Mgmt. Of Nev., Inc. V. W. Taylor Street, Llc., 135 Nev. Adv. Op. 21 (Jun. 27, 2019), Trisha Delos Santos Sep 2019

Waste Mgmt. Of Nev., Inc. V. W. Taylor Street, Llc., 135 Nev. Adv. Op. 21 (Jun. 27, 2019), Trisha Delos Santos

Nevada Supreme Court Summaries

The Court determined that (1) the district court properly determined that garbage liens are perpetual; (2) that the district court erred in applying the lien perfection requirements contained in NRS 108.226; and (3) erred in applying the two-year statute of limitations contained in NRS 11.190(4)(b) to the foreclosure of those liens under NRS 444.520.Therefore, a garbage lien is not subject to a statute of limitations and a municipal waste management company may foreclose upon such a lien under NRS 444.520(4).


Coker V. Sassone, 135 Nev. Adv. Op. 2 (Jan. 3, 2019), Whitney Jones Jan 2019

Coker V. Sassone, 135 Nev. Adv. Op. 2 (Jan. 3, 2019), Whitney Jones

Nevada Supreme Court Summaries

The Court clarified that the appropriate standard of review for a district court’s denial or grant of an anti-SLAPP motion to dismiss is de novo.


Capanna, M.D. V. Orth, 134 Nev. Adv. Op. 108 (Dec. 27, 2018) (En Banc), Pengxiang Tian Dec 2018

Capanna, M.D. V. Orth, 134 Nev. Adv. Op. 108 (Dec. 27, 2018) (En Banc), Pengxiang Tian

Nevada Supreme Court Summaries

The Court determined that Orth’s counsel violated the golden rule arguments, but opposing party’s substantial rights were not violated. Moreover, the district court’s ruling regarding plaintiff expert’s potential biases did not impose severe limitations on Capanna’s ability to fully cross-examine plaintiff’s expert. Further, the district court did not abuse its discretion when it allowed Orth to supplement expert witness list and the award of attorney fees and costs was within the discretion of the district court. Lastly, Orth lacks standing in challenging the district court’s decision.


Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen Dec 2018

Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen

Nevada Supreme Court Summaries

No abstract provided.


Mcgowen V. Second Jud. Dist. Ct., 134 Nev. Adv. Op. 89 (Nov. 21, 2018) (En Banc), Darcy Bower Nov 2018

Mcgowen V. Second Jud. Dist. Ct., 134 Nev. Adv. Op. 89 (Nov. 21, 2018) (En Banc), Darcy Bower

Nevada Supreme Court Summaries

The Court determined that Nevada caselaw and NRCP 4(c) give conflicting opinions on whether an attorney or their employee can serve someone for their client. Moreover, the Court clarified that the purpose of the 2004 amendment to NRCP 4(c) was to mirror FRCP 4(c)(2) to interpret the exclusion of counsel as a “party.”


Pub. Emps.’ Ret. Sys. Of Nev., A Pub. Agency V. Nev. Pol’Y Res. Inst. Inc., 134 Nev. Adv. Op. 81 (Oct. 18, 2018) (En Banc), Daniel Brady Oct 2018

Pub. Emps.’ Ret. Sys. Of Nev., A Pub. Agency V. Nev. Pol’Y Res. Inst. Inc., 134 Nev. Adv. Op. 81 (Oct. 18, 2018) (En Banc), Daniel Brady

Nevada Supreme Court Summaries

The Court determined that the Nevada Public Records Act requires the government agency to disclose the requested information if: (1) it can be found by searching a database for existing information, (2) it is readily accessible and not confidential, and (3) the alleged risks of disclosure do not outweigh the benefits of the public’s interest in the records.


Rodriguez V. Fiesta Palms Llc, 134 Nev. Adv. Op. 78 (Oct. 4, 2018), Khaylia Decaires Oct 2018

Rodriguez V. Fiesta Palms Llc, 134 Nev. Adv. Op. 78 (Oct. 4, 2018), Khaylia Decaires

Nevada Supreme Court Summaries

The Court determined that relief under NRCP 60(b)(1) is appropriate when litigants: (1) promptly apply to remove judgement, (2) not intend to delay proceedings, (3) lack knowledge of procedural requirements; and (4) act in good faith. Further, the Court concluded that a district court must consider the relevant facts, including the difficulties faced by pro se litigants, when determining to grant or deny NRCP 60(b)(1) relief.


Baiguen V. Harrah’S Las Vegas, Llc, 134 Nev., Adv. Op. 71 (Sept. 13, 2018) (En Banc), Scott Whitworth Sep 2018

Baiguen V. Harrah’S Las Vegas, Llc, 134 Nev., Adv. Op. 71 (Sept. 13, 2018) (En Banc), Scott Whitworth

Nevada Supreme Court Summaries

The Court determined that (1) an employee’s injuries that originate before entering the workplace but are aggravated due to an employer’s failure to provide timely medical assistance arise out of and in the course of employment; and (2) that employees’ recovery against their employers for such injuries are confined to the exclusive remedies for workers’ compensation under the Nevada Industrial Insurance Act (NIIA).


Nev. Recycling & Salvage V. Reno Disposal, 134 Nev. Adv. Op. 55 (Aug. 2, 2018) (En Banc), Carmen Gilbert Aug 2018

Nev. Recycling & Salvage V. Reno Disposal, 134 Nev. Adv. Op. 55 (Aug. 2, 2018) (En Banc), Carmen Gilbert

Nevada Supreme Court Summaries

The Court affirmed the district court’s grant of summary judgment in favor of respondents, holding that appellants lacked standing to bring an antitrust claim because they were unable to show that they suffered any injuries.


Coles (Brent) V. Bisbee, 134 Nev. Adv. Op. No. 62. (Aug. 2, 2018), Tamara Cannella Aug 2018

Coles (Brent) V. Bisbee, 134 Nev. Adv. Op. No. 62. (Aug. 2, 2018), Tamara Cannella

Nevada Supreme Court Summaries

The Court held that the use of the Static-99R assessment conforms with the assessment requirements under NRS 213.1214. It additionally determined that modifications to parole procedures do not constitute an ex post facto violation unless the changes create a significant risk of prolonging an inmate’s incarceration.


West Sunset 2050 Trust V. Nationstar Mortgage, L.L.C., 134 Nev. Adv. Op. 47 (Jun. 28, 2018), Shaneka J. Malloyd Jun 2018

West Sunset 2050 Trust V. Nationstar Mortgage, L.L.C., 134 Nev. Adv. Op. 47 (Jun. 28, 2018), Shaneka J. Malloyd

Nevada Supreme Court Summaries

The Court found that a foreclosure sale is not invalid due to lack of notice where: (1) a homeowners association (HOA) fails to serve the Notice of Default (NOD) to the recorded beneficiary of the deed of trust and (2) that recorded beneficiary’s successor in interest is unable to demonstrate how it was prejudiced or injured by the defective notice to their predecessor in interest. Further, a HOA does not lose standing to foreclose on a property when it enters into a factoring agreement that does not change the relationship between debtor and lender.


Comm’N Of Ethics Of The State Of Nevada V. Hansen, 134 Nev. Adv. Op. 40 (May 31, 2018), Landon Littlefield May 2018

Comm’N Of Ethics Of The State Of Nevada V. Hansen, 134 Nev. Adv. Op. 40 (May 31, 2018), Landon Littlefield

Nevada Supreme Court Summaries

The Nevada Supreme Court dismissed an appeal from a district court order granting a petition for judicial review because without authorization from the client the notice of appeal was void.


Dolores V. State, Dep’T Of Employment Sec. Div., 134 Nev. 34 (May 3, 2018), Xheni Ristani May 2018

Dolores V. State, Dep’T Of Employment Sec. Div., 134 Nev. 34 (May 3, 2018), Xheni Ristani

Nevada Supreme Court Summaries

The Court considered whether, pursuant to NRS 612.380, an employee that resigns when faced with a resign-or-be-fired option does so voluntarily, and is thereby disqualified from unemployment benefits. The Court determined that where the record shows that the appellant’s decision to resign was freely given and stemming from his own choice, the resignation is voluntary.


Las Vegas Dev. Grp., Llc V. Blaha, 134 Nev. Adv. Op. 22 (May 3, 2018), Emily Meibert May 2018

Las Vegas Dev. Grp., Llc V. Blaha, 134 Nev. Adv. Op. 22 (May 3, 2018), Emily Meibert

Nevada Supreme Court Summaries

The Court considers whether the time limitations of NRS 107.080(5)-(6) bars an action challenging an NRS Chapter 107 nonjudicial foreclosure where it is alleged that the deed of trust had been extinguished before the sale. This action challenges the authority to conduct the sale rather than the manner; thus, limitations do not apply.


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 Apr 2018

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.


Kirsch V. Traber, 134 Nev. Adv. Op. 22 (Apr. 5, 2018), Landon Littlefield Apr 2018

Kirsch V. Traber, 134 Nev. Adv. Op. 22 (Apr. 5, 2018), Landon Littlefield

Nevada Supreme Court Summaries

The Nevada Supreme Court, applying the Restatement (Second) of Judgments definition of “final judgment,” held that it was proper for the district court to accord preclusive effect to a subsequent final judgment from a foreign court.