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Full-Text Articles in Law
State, Bd. Of Architecture V. Dist. Ct., 135 Nev. Adv. Op. 49, Melissa Yeghiazarian
State, Bd. Of Architecture V. Dist. Ct., 135 Nev. Adv. Op. 49, Melissa Yeghiazarian
Nevada Supreme Court Summaries
The Court had two holdings in this case. First, a final decision for purposes of judicial review must contain a detailed finding of facts and conclusions of law by an administrative agency. Second, when a petition for judicial review is filed prematurely, it does not vest jurisdiction in the district court.
Marcus A. Reif V. Aries Consultants, Inc., 135 Nev. Adv. Op. 51 (Oct. 10, 2019), Joseph Adamiak
Marcus A. Reif V. Aries Consultants, Inc., 135 Nev. Adv. Op. 51 (Oct. 10, 2019), Joseph Adamiak
Nevada Supreme Court Summaries
The Court determined that, under NRS 11.258(1), a complaint is only void if it is served without a concurrent filing of attorney affidavit and export report.
Tricarichi V. Coöperatieve Rabobank, 135 Nev. Adv. Op. 73175 (May 2, 2019), John Bays
Tricarichi V. Coöperatieve Rabobank, 135 Nev. Adv. Op. 73175 (May 2, 2019), John Bays
Nevada Supreme Court Summaries
The Court determined that (1) Walden v. Fiore did not overrule Davis v. Eighth Judicial Dist. Court, meaning that Nevada, under its long-arm statute, recognizes conspiracy-based theory personal jurisdiction and utilizes the conspiracy jurisdiction test as laid out in Gibbs v. Prime Lending and (2) Tricarichi failed to establish personal jurisdiction under either specific or conspiracy theory personal jurisdiction due to an inability to provide sufficient evidence connecting the respondents actions to Nevada.
Saticoy Bay Llc V. Nev. Ass’N Servs., 135 Nev. Adv. Op. 23 (Jul. 3, 2019), Katrina Fadda
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.
Kim V. Dickinson Wright, Pllc, 135 Nev. Adv. Op. 20, 442 P.3d 1070 (Jun. 13, 2019), Elizabeth Davenport
Kim V. Dickinson Wright, Pllc, 135 Nev. Adv. Op. 20, 442 P.3d 1070 (Jun. 13, 2019), Elizabeth Davenport
Nevada Supreme Court Summaries
The Court reversed the district court’s order granting the motion to dismiss and determined 28 U.S.C. § 1367(d), the statute of limitations for a state-law claim filed in federal court, stops running only while the claim is pending in federal court and for 30 days after the state-law claim’s dismissal. Further, Nevada’s litigation malpractice rule, which does not apply to non-adversarial or transactional representation, or before the attorney files a complaint, tolls a litigation malpractice claim’s statute of limitations until the underlying litigation is resolved and damages are certain, preserving the statute of limitations under NRS 11.207(1) which requires a …
State Dep’T Of Corr. V. Ludwick, 135 Nev. Adv. Op. 12 (May 2, 2019), Tayler Bingham
State Dep’T Of Corr. V. Ludwick, 135 Nev. Adv. Op. 12 (May 2, 2019), Tayler Bingham
Nevada Supreme Court Summaries
The Court determined that (1) a hearing officer must also give deference to the agency’s determination that a crime is so serious that termination serves the public good, even when the agency has no published regulation dictating that outcome, and (2) an administrative hearing officer committed a clear error of law in relying, in any way, upon an invalid regulation to review an agency’s determination to terminate for a first-time disciplinary action.
Rose, Llc., V. Treasure Island, Llc., 135 Nev. Adv. Op. 19 (Jun. 6, 2019), Ben Coonan
Rose, Llc., V. Treasure Island, Llc., 135 Nev. Adv. Op. 19 (Jun. 6, 2019), Ben Coonan
Nevada Supreme Court Summaries
The Court found that (1) strict compliance with contract notice requirements is unnecessary if the defaulting party receives actual notice and no prejudice resulted from failure to comply strictly with the contract terms; and (2) a party is not necessary under NRCP 19 unless the other parties to the litigation cannot obtain complete relief in that party’s absence.
Boesiger V. Desert Appraisals, Llc, 135 Nev. Adv. Op. 25 (July 3, 2019), Jeff Garrett
Boesiger V. Desert Appraisals, Llc, 135 Nev. Adv. Op. 25 (July 3, 2019), Jeff Garrett
Nevada Supreme Court Summaries
The Court held that Appellants provided insufficient evidence to show that Respondents had a duty to Appellant or breached their duty to Appellant. The Appellants failed to provide the required expert testimony necessary for a case concerning the professional conduct of a profession whose standards and procedures are not known to the public. Additionally, because the contract between the Appellants and the Respondents did not expressly name the Appellants as third-party beneficiaries, the Appellants do not have standing to request the contract be enforced.
Spar Bus. Serv.'S, Inc. Vs. Olson, 135 Nev. Adv. Opn. No. 40 (2019), Misha Ray
Spar Bus. Serv.'S, Inc. Vs. Olson, 135 Nev. Adv. Opn. No. 40 (2019), Misha Ray
Nevada Supreme Court Summaries
As a matter of first impression, the Court found that the 45-day service requirement for review of administrative decisions is not a jurisdictional requirement because the statute allows for extension based on good cause. However, in the present case, appellant did not show good cause for late service. Thus, the Court affirmed the lower court’s dismissal of the petition.
Demaranville V. Cannon Cochran Mgmt. Serv.’S, Inc., 135 Nev. Adv. Op. 35 (Sept. 5, 2019), Anya Lester
Demaranville V. Cannon Cochran Mgmt. Serv.’S, Inc., 135 Nev. Adv. Op. 35 (Sept. 5, 2019), Anya Lester
Nevada Supreme Court Summaries
The Court determined that the last injurious exposure rule determines the liability for occupational disease which is conclusively presumed to have resulted from past employment. Additionally, the Court held that death benefits are based on the employee’s wages earned while working for the employer to which the occupational disease is causally connected.
Our Passive-Aggressive Model Of Civil Adjudication, Thomas O. Main
Our Passive-Aggressive Model Of Civil Adjudication, Thomas O. Main
Scholarly Works
In this essay, Professor Main offers one original observation and poses two new questions about the vanishing civil trial.
Uniformity Of State & Federal Procedure, Thomas O. Main
Uniformity Of State & Federal Procedure, Thomas O. Main
Scholarly Works
No abstract provided.
Mediation: An Unlikely Villain, Thomas O. Main
Mediation: An Unlikely Villain, Thomas O. Main
Scholarly Works
Professor Main argues that the modem ADR movement (and mediation in particular), rather than some (other) ideology, beget the pleading and summary judgment standards that exemplify contemporary practice and procedure in the fourth era in the history of American civil procedure. The other key reforms of the fourth era-the vanishing trial, the embrace of ADR, judicial case management and the pursuit of settlement by any means necessary-are more obviously tied to the modem ADR movement. Blame for all of the key fourth era reforms is thus traceable to the modern ADR movement. This, in turn, matters because it is generally …