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Nevada Supreme Court Summaries

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Mendenhall V. Tassinari, 133 Nev. Adv. Op. 78 (Oct. 5, 2017), Rebecca L. Crooker Oct 2017

Mendenhall V. Tassinari, 133 Nev. Adv. Op. 78 (Oct. 5, 2017), Rebecca L. Crooker

Nevada Supreme Court Summaries

The Court determined that after a final judgment, pursuant to an Offer of Judgment under NRCP 68 offer is entered, both claim preclusion and the terms of the offer apply when a party seeks to relitigate claims. This is true even if the claim arises from facts discovered during the offer’s ten-day irrevocable acceptance period.

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Humphries V. New York-New York Hotel & Casino, 133 Nev. Adv. Op. 77 (Oct. 5, 2017), Emily Meibert Oct 2017

Humphries V. New York-New York Hotel & Casino, 133 Nev. Adv. Op. 77 (Oct. 5, 2017), Emily Meibert

Nevada Supreme Court Summaries

An innkeeper is liable under NRS 651.015 if an injured patron can show that they suffered foreseeable harm; foreseeability is established when the innkeeper fails to exercise due care for the safety of its patrons or if the innkeeper had notice or knowledge of prior incidents of similar acts on the premises. Notice or knowledge of prior incidents of similar acts is a case-by-case analysis, and requires the district court consider similar wrongful acts in terms of the location of the attack, level of violence, and implicated security concerns.

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Sweat V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 76 (October 5, 2017), Shannon Zahm Oct 2017

Sweat V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 76 (October 5, 2017), Shannon Zahm

Nevada Supreme Court Summaries

The Double Jeopardy Clause does not protect a defendant from prosecution of any original charges when the defendant accepts a plea agreement for a lesser-included offense and then fails to comply with all the terms of the agreement. The Court ultimately determined that a defendant waives his double jeopardy rights when he pleads guilty and fails to comply with the remaining terms of the agreement.

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In Re Parental Rights As To A.D.L., 133 Nev. Adv. Op. 72 (Oct. 5, 2017), Alexis Wendl Oct 2017

In Re Parental Rights As To A.D.L., 133 Nev. Adv. Op. 72 (Oct. 5, 2017), Alexis Wendl

Nevada Supreme Court Summaries

The Nevada Supreme Court held that (1) requiring a parent to admit guilt to a criminal act in order to maintain his or her parental rights violates that parent’s Fifth Amendment rights; and (2) substantial evidence must demonstrate that terminating parental rights is in the best interest of the children when a parent overcomes the presumptions in NRS 128.109(1)-(2).

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Johnson V. State, 133 Nev. Adv. Op. 73 (Oct. 5, 2017) (En Banc), Ebeth Rocio Palafox Oct 2017

Johnson V. State, 133 Nev. Adv. Op. 73 (Oct. 5, 2017) (En Banc), Ebeth Rocio Palafox

Nevada Supreme Court Summaries

When the Court reverses a death sentence on direct appeal and remands for a new penalty hearing, there is no longer a final judgment that triggers the one-year period set forth in NRS 34.726(1) for filing a post-conviction petition for a writ of habeas corpus.

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Fredianelli V. Price, 133 Nev. Adv. Op. 74. (Oct. 5, 2017) (En Banc), Tamara Cannella Oct 2017

Fredianelli V. Price, 133 Nev. Adv. Op. 74. (Oct. 5, 2017) (En Banc), Tamara Cannella

Nevada Supreme Court Summaries

Under NRS 18.015, attorneys are permitted to obtain attorney fees through the enforcement of a retaining lien. If the attorney satisfies all elements of NRS 18.015, then properly moves the district court to enforce the lien, the district court can actively enforce the retaining lien and award the attorney a monetary judgment.

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Adelson V. Harris, 133 Nev. Adv. Op. 67 (Sept. 27, 2017) (En Banc), David E. Chavez Sep 2017

Adelson V. Harris, 133 Nev. Adv. Op. 67 (Sept. 27, 2017) (En Banc), David E. Chavez

Nevada Supreme Court Summaries

The Nevada Supreme Court (en banc) held that (1) a hyperlink to source material concerning a judicial proceeding may qualify as a report within the common law fair report privilege; and (2) Nevada’s anti-SLAPP statute, as effective prior to the 2013 amendment, reaches communication “aimed at procuring any governmental or electoral action,” even if it is not addressed to a government agency.

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State Of Nevada Dep’T Of Trans. V. Eighth Judicial District Court (Nassiri), 133 Nev. Adv. Op. 70 (September 27, 2017), Natice Locke Sep 2017

State Of Nevada Dep’T Of Trans. V. Eighth Judicial District Court (Nassiri), 133 Nev. Adv. Op. 70 (September 27, 2017), Natice Locke

Nevada Supreme Court Summaries

The Court considered a writ of mandamus challenging district court orders denying summary judgment on a landowner’s contract claims following a settlement in a condemnation action. The Court held the district court improperly ruled there were no undisputed facts when it denied the Nevada Department of Transportation’s motion for summary judgment on a landowner’s contract claims.

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State Engineer V. Eureka County, 133 Nev. Adv. Op. 71 (Sep. 27, 2017), Michelle Harnik Sep 2017

State Engineer V. Eureka County, 133 Nev. Adv. Op. 71 (Sep. 27, 2017), Michelle Harnik

Nevada Supreme Court Summaries

In an en banc appeal from a district court order, the Court affirmed the district court’s order granting the existing holders of water rights’ petition for judicial review and vacating a limited liability company’s permits to appropriate water as proper and in compliance with the Court’s prior mandate.

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Gordon V. Geiger, 133 Nev. Adv. Op. 69 (Sept. 27, 2017), Rex Martinez Sep 2017

Gordon V. Geiger, 133 Nev. Adv. Op. 69 (Sept. 27, 2017), Rex Martinez

Nevada Supreme Court Summaries

The Court held that, without notice, a permanent change to custody and visitation violates due process rights, and the affected party must be given the opportunity to respond and rebut the evidence. Further, when the district court conducts an alternative interview with a child, the interviews must be recorded and comply with the Uniform Child Witness Testimony by Alternative Methods Act.

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High Noon At Arlington Ranch Homeowners Ass’N V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 66 (Sept. 27, 2017) (En Banc), Homero Gonzalez Sep 2017

High Noon At Arlington Ranch Homeowners Ass’N V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 66 (Sept. 27, 2017) (En Banc), Homero Gonzalez

Nevada Supreme Court Summaries

Under NRS Chapters 40 and 116, homeowners associations (HOAs) have the representational standing to represent all homeowners who purchase their homes after litigation is commenced by or against the HOAs. However, the Court clarified that there is no such representational standing to bring or continue to pursue a case on behalf of homeowners who sell their units after litigation has begun.

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Ford Motor Co. V. Trejo, 133 Nev. Adv. Op. 68 (Sept. 27, 2017), Jeff Chronister Sep 2017

Ford Motor Co. V. Trejo, 133 Nev. Adv. Op. 68 (Sept. 27, 2017), Jeff Chronister

Nevada Supreme Court Summaries

The Court declined to adopt the risk-utility analysis. The consumer-expectation test is the appropriate standard for strict products liability claims in Nevada, and the risk-utility analysis is inappropriate because it inserts aspects of negligence into the test and unfairly burdens plaintiffs.

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Facklam V. Hsbc Bank Usa, 126 Nev. Adv. Op. 65 (September 14, 2017), Ellsie Lucero Sep 2017

Facklam V. Hsbc Bank Usa, 126 Nev. Adv. Op. 65 (September 14, 2017), Ellsie Lucero

Nevada Supreme Court Summaries

The Court held that NRS 11.190(1)(b)’s statute of limitations does not apply to nonjudicial foreclosures because it is not a judicial action.

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Parametric Sound Corp. V. Dist. Ct., 133 Nev. Adv. Op. 59 (Sep. 14, 2017), Lucy Crow Sep 2017

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.

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Paliotta V. State Dep’T Of Corrections, 133 Nev. Adv. Op. 58 (Sept. 14, 2017), Anna Sichting Sep 2017

Paliotta V. State Dep’T Of Corrections, 133 Nev. Adv. Op. 58 (Sept. 14, 2017), Anna Sichting

Nevada Supreme Court Summaries

The Court determined it must consider the sincere religious beliefs of the individual when evaluating claims under the Free Exercise Clause and the Religious Land Use and Institutionalized Persons Act (RLUIPA). It is improper to evaluate those claims under the centrality test, which attempts to determine if the individual’s beliefs are central to a tenant of the religion in question. Once the sincere belief is shown, the courts must then fully examine the remaining considerations under the Free Exercise Clause and the RLUIPA.

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Thomas V. Eighth Judicial Dist. Ct., 133 Nev. Adv. Op. 63 (Sept. 14, 2017), Sara Schreiber Sep 2017

Thomas V. Eighth Judicial Dist. Ct., 133 Nev. Adv. Op. 63 (Sept. 14, 2017), Sara Schreiber

Nevada Supreme Court Summaries

When a defendant requests and is granted a mistrial, jeopardy will attach if a prosecutor’s conduct is so egregious that it results in prejudice to the defendant that cannot be remedied by anything short of a mistrial.

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Property Plus Inv.’S, Llc V. Mortg. Elec. Registration Sys., Inc., 133 Nev. Adv. Op. 62 (Sept. 14, 2017), Margaret Higgins Sep 2017

Property Plus Inv.’S, Llc V. Mortg. Elec. Registration Sys., Inc., 133 Nev. Adv. Op. 62 (Sept. 14, 2017), Margaret Higgins

Nevada Supreme Court Summaries

The Court determined that: (1) under NRS 116.3116 (The HOA Lien Statute), an HOA’s assertion and subsequent rescission of a superpriority lien does not preclude the HOA from asserting new, separate superpriority liens based on unpaid assessments accruing after the rescission of the previous superpriority lien; and (2) superpriority liens survive Chapter 7 bankruptcy discharge.

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Ditech Financial, Llc Vs. Buckles, 133 Nev. Adv. Op. 64 (September 14, 2017), Landon Littlefield Sep 2017

Ditech Financial, Llc Vs. Buckles, 133 Nev. Adv. Op. 64 (September 14, 2017), Landon Littlefield

Nevada Supreme Court Summaries

In an en banc opinion, the Court determined that NRS 200.620 does not apply to telephone recordings made by a party outside of Nevada who uses equipment outside of Nevada to record a conversation with a person in Nevada without that person’s consent.

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In Re Dish Network Derivation Litig., 133 Nev. Adv. Op. 61 (Sept. 14, 2017), Joseph K. Fabbi Sep 2017

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.

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Franchise Tax Bd. V. Hyatt, 133 Nev. Adv. Op. 57 (Sept. 14, 2017), Carmen Gilbert Sep 2017

Franchise Tax Bd. V. Hyatt, 133 Nev. Adv. Op. 57 (Sept. 14, 2017), Carmen Gilbert

Nevada Supreme Court Summaries

The Court found that discretionary-function immunity does not apply to intentional bad-faith tort claims. The Court also expressly adopted the false light invasion of privacy right of action in order to fully protect privacy interests. The Court also adopted the sliding scale approach for evaluating IIED claims, holding that increased severity of conduct will require less evidence to prove emotional distress.

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Gardner V. Henderson Water Park, L.L.C., 133 Nev. Ad. Op. 54 (Aug. 3, 2017), Scott Cardenas Aug 2017

Gardner V. Henderson Water Park, L.L.C., 133 Nev. Ad. Op. 54 (Aug. 3, 2017), Scott Cardenas

Nevada Supreme Court Summaries

Under NRS 86.371 and NRS 86.381, an LLC member is not responsible for the LLC’s liabilities solely because it is a member.

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Ln Mgmt. Llc Series 5105 Portraits Place V. Green Tree Loan Servicing Llc, 133 Nev. Adv. Op. 55 (Aug. 03, 2017), Wesley Lemay Jr. Aug 2017

Ln Mgmt. Llc Series 5105 Portraits Place V. Green Tree Loan Servicing Llc, 133 Nev. Adv. Op. 55 (Aug. 03, 2017), Wesley Lemay Jr.

Nevada Supreme Court Summaries

If a homeowner that owns property in Nevada but declares bankruptcy in Texas and fails to list the Home Owners Association (HOA) as a creditor, the HOA cannot violate the automatic stay imposed by the bankruptcy and sell the property. If the property is sold in violation of the automatic stay, the sale is invalid. Under Ninth Circuit law, the sale is void ab initio while the Fifth Circuit holds that these types of sales are voidable, but can be approved by the bankruptcy court.

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Rural Tel. Co. V. Pub. Util. Comm’N Of Nev., 133 Nev. Adv. Op. 53 (Aug. 3, 2017), Marco Luna Aug 2017

Rural Tel. Co. V. Pub. Util. Comm’N Of Nev., 133 Nev. Adv. Op. 53 (Aug. 3, 2017), Marco Luna

Nevada Supreme Court Summaries

The Nevada Supreme Court found that the district court acted within its discretion in dismissing Rural Telephone Company’s (Rural Telephone) petition for judicial review against the Public Utilities Commission of Nevada (PUCN) because the district court did not have authority to grant Rural Telephone’s request for an extension of time to file its opening memorandum of points and authorities, through statute or through its inherent authority.

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City Of Sparks Vs. Reno Newspapers, Inc., 133 Nev. Adv. Op. 56 (August 3, 2017), Brittni Griffith Aug 2017

City Of Sparks Vs. Reno Newspapers, Inc., 133 Nev. Adv. Op. 56 (August 3, 2017), Brittni Griffith

Nevada Supreme Court Summaries

The Court reviewed an appeal to determine whether an appellant: (1) “properly sought the disclosure of public records by a writ of mandamus,” and (2) whether medical marijuana establishments (“MMEs”) business license identifying information must be disclosed pursuant to the Nevada Public Records Act. The Court held that NRS 239.011 provides the specific means by which to challenge the disclosure of public records, and thus Respondent properly filed a petition for a writ of mandamus. Additionally, pursuant to NRS 453A.370(5), the Department of Health and Human Services’ Division of Public and Behavior Health (“Division”) has the proper authority to adopt …

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Wynn Resorts, Ltd. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 52 (July 27, 2017), Elise Conlin Jul 2017

Wynn Resorts, Ltd. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 52 (July 27, 2017), Elise Conlin

Nevada Supreme Court Summaries

The Court held that the business judgment rule defense alone does not mandate waiver of attorney-client privilege related to discovery documents. The Court also adopted the “because of” test with a “totality of the circumstances” standard to determine when a document falls under the work-product privilege.

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Southern Cal. Edison V. State Dep’T Of Taxation, 133 Nev. Adv. Op. 49 (Jul. 27, 2017), Karson Bright Jul 2017

Southern Cal. Edison V. State Dep’T Of Taxation, 133 Nev. Adv. Op. 49 (Jul. 27, 2017), Karson Bright

Nevada Supreme Court Summaries

The Court considered whether an electrical utility company was entitled to a tax refund after it had paid taxes under an alleged discriminatory taxation scheme. The Court held that the company was not entitled to a tax refund because the company’s statutory construction argument regarding NRS 372.270 in conjunction with NRS 372.185 would create absurd results. Moreover, the company did not provide sufficient evidence demonstrating substantially situated competitors who benefited from the unconstitutional taxation scheme. Finally, the Court found that the company was not entitled to a tax credit for the money it paid to an out-of-state tax because the …

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Renfroe V. Lakeview Loan Serv., L.L.C., 133 Nev. Adv. Op. 50 (July 27, 2017), Christopher Kelly Jul 2017

Renfroe V. Lakeview Loan Serv., L.L.C., 133 Nev. Adv. Op. 50 (July 27, 2017), Christopher Kelly

Nevada Supreme Court Summaries

The Court determined that the NRS 116.3116 provisions that grant homeowners’ associations (HOAs) superpriority lien status for delinquent HOA dues are not preempted by federal law when the first deed of trust on the property in question is insured through the Federal Housing Administration (FHA). The FHA insurance program at issue contemplates HOA lien priority schemes like NRS 116.3116 specifically. Mortgagees can comply with relevant state and federal law without stifling the purpose of the federal law, and therefore, preemption does not apply.

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Desai V. State, 133 Nev. Adv. Op. 48 (July 27, 2017), Christopher Giddens Jul 2017

Desai V. State, 133 Nev. Adv. Op. 48 (July 27, 2017), Christopher Giddens

Nevada Supreme Court Summaries

The Court determined that a defendant can be convicted of aiding and abetting negligent or reckless crimes upon sufficient proof that the defendant was aware of, and had the intent to promote or further, the negligent or reckless conduct that caused harm. Additionally, the Court (1) confirmed appellant’s convictions for aiding and abetting negligent and reckless “endangerment crimes”; and (2) reversed appellant’s second-degree murder conviction due to intervening causes between his actions and the victim’s death.

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K&P Homes V. Christiana Trust, 133 Nev. Adv. Op. 51 (July 27, 2017), Yolanda Carapia Jul 2017

K&P Homes V. Christiana Trust, 133 Nev. Adv. Op. 51 (July 27, 2017), Yolanda Carapia

Nevada Supreme Court Summaries

The Court determined that the SFR Investments Pool 1, LLC v. U.S. Bank, N.A. decision, extinguishing first security interests, applies retroactively to all foreclosures occurring prior to the date of the decision and since NRS 116.3116’s inception.

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Jeffries V. State, 133 Nev. Adv. Op. 47 (July 6, 2017), Hayley Cummings Jul 2017

Jeffries V. State, 133 Nev. Adv. Op. 47 (July 6, 2017), Hayley Cummings

Nevada Supreme Court Summaries

In denying appellant’s motion for a mistrial, the Court held that (1) to prove prosecutorial misconduct, an appellant must show that a prosecutor’s statements resulted in a denial of due process; and (2) to prove juror misconduct, an appellant must show that misconduct occurred and that the misconduct was prejudicial. The Court also clarified Bowman v. State’s applicability by stating that when juror misconduct occurs before the verdict, and defense counsel is aware of the misconduct, it is defense counsel’s responsibility to request an investigation regarding prejudice. Finally, the Court defined the scope of Gonzalez v. State by stating …

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