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Full-Text Articles in Law
Boca Park Marketplace Syndications Grp., L.L.C. V. Higco, Inc., 133 Nev. Adv. Op. 114 (Dec. 28, 2017), Tamara Cannella
Boca Park Marketplace Syndications Grp., L.L.C. V. Higco, Inc., 133 Nev. Adv. Op. 114 (Dec. 28, 2017), Tamara Cannella
Nevada Supreme Court Summaries
The Court held the declaratory judgment exception to claim preclusion applies when the initial action sought only declaratory relief.
Summary Of In Re: Cay Clubs, 130 Nev., 130 Nev. Adv. Op. 92, Adam Wynott
Summary Of In Re: Cay Clubs, 130 Nev., 130 Nev. Adv. Op. 92, Adam Wynott
Nevada Supreme Court Summaries
The Court concluded that NRS 87.160(1) may impose partnership liability on a joint venture based on the partnership-by-estoppel doctrine and that the statute may apply to any claim that relies on the doctrine’s element of reasonable reliance. The Court clarified the statute’s meaning, stating that a partnership by estoppel requires (1) consent, manifested expressly or impliedly from the liable party’s conduct; (2) credit, not limited to financial credit, given by one party to the other; (3) and reasonable reliance by one party on the other party’s representation of a partnership or joint venture.
Summary Of Simmons Self-Storage V. Rib Roof, Inc., 130 Nev. Adv. Op. 57, Kelsey Bernstein
Summary Of Simmons Self-Storage V. Rib Roof, Inc., 130 Nev. Adv. Op. 57, Kelsey Bernstein
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether a mechanic or materialman must prove either that the materials were only delivered for use or whether the materials were actually used for the property in order to establish a lien on the property; (2) whether a property subject to a lien may still be sold where a surety bond has been posted, or whether the lien judgment should be satisfied from the surety bond.
Summary Of Lavi V. Eighth Judicial District Court, 130 Nev. Adv. Op. 38, Danielle Barraza
Summary Of Lavi V. Eighth Judicial District Court, 130 Nev. Adv. Op. 38, Danielle Barraza
Nevada Supreme Court Summaries
The Court determined whether waiver of the “one-action rule” of NRS 40.430 terminates the procedural requirements for bringing a deficiency judgment action within six months of foreclosure under NRS 40.455.
Summary Of Dtj Design V. First Republic Bank, 130 Nev. Adv. Op. 5, Laura Guidry
Summary Of Dtj Design V. First Republic Bank, 130 Nev. Adv. Op. 5, Laura Guidry
Nevada Supreme Court Summaries
The Court determined one issue: whether NRS 623.349(2) and NRS 623.357 mandate a foreign architectural firm be registered in Nevada in order to bring or maintain an action in Nevada.
Summary Of Sandpointe Apts. V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 87, Danielle Barraza
Summary Of Sandpointe Apts. V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 87, Danielle Barraza
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether NRS 40.459(1)(c) is a new statute that impacts vested rights; and (2) whether, pursuant to the language in Assembly Bill 273 (“A.B. 273”) regarding the effective date of NRS 40.459(1)(c), the statute may apply retroactively.
Summary Of Halcrow, Inc. V. Eighth Judicial Dist. Ct., 129 Nev. Adv. Op. 42, Sara Stephan
Summary Of Halcrow, Inc. V. Eighth Judicial Dist. Ct., 129 Nev. Adv. Op. 42, Sara Stephan
Nevada Supreme Court Summaries
The Court granted a petition for a writ of mandamus challenging a district court order granting real parties in interest’s motion for leave to amend their third- and fourth- party complaints to add a cause of action for negligent misrepresentation. The economic loss doctrine bars negligent misrepresentation claims against commercial construction design professionals where the recovery sought is solely for economic losses. Accordingly, the district court should have denied the motions to amend.
Summary Of State Of Nevada V. Reliant Energy, Inc., 128 Nev. Adv. Op. No. 46, Brittnie Watkins
Summary Of State Of Nevada V. Reliant Energy, Inc., 128 Nev. Adv. Op. No. 46, Brittnie Watkins
Nevada Supreme Court Summaries
The Court considered an appeal from a district court’s order dismissing Appellants’ complaint, which alleged violation of Nevada antitrust laws.
Summary Of Terracon Consultants W., Inc. V. Mandalay Resort Group, 125 Nev. Adv. Op. No. 8, Ian Houston
Summary Of Terracon Consultants W., Inc. V. Mandalay Resort Group, 125 Nev. Adv. Op. No. 8, Ian Houston
Nevada Supreme Court Summaries
Pursuant to Nevada Rule of Appellate Procedure 52, the United States District Court for the District of Nevada, hearing a breach of contract and professional negligence case, certified the following questions regarding the scope of Nevada’s economic loss doctrine: [1] Does the economic loss doctrine apply to contractors who solely provide services in construction defect cases? [2] Does the economic loss doctrine apply in construction defect cases to design professionals, such as engineers and architects, who solely provide services, regardless of whether the services are rendered before or during construction?
Summary Of Loomis V. Whitehead, 124 Nev. Adv. Op. No. 7, Emily Reed
Summary Of Loomis V. Whitehead, 124 Nev. Adv. Op. No. 7, Emily Reed
Nevada Supreme Court Summaries
Appeal from a district court order granting partial summary judgment in a contract action. The appeal addresses whether NRS 602.070 bars a partnership operating under a fictitious name from bringing an action for breach of contract when the contract was not entered into under the fictitious name.
Summary Of Dep’T Of Taxation V. Daimlerchrysler Svcs. N. Am., Llc, 121 Nev. Adv. Op. 56, Danielle Oakley
Summary Of Dep’T Of Taxation V. Daimlerchrysler Svcs. N. Am., Llc, 121 Nev. Adv. Op. 56, Danielle Oakley
Nevada Supreme Court Summaries
Department of Taxation (“the Department”) appealed from a district court order, which had granted DaimlerChrysler’s petition for judicial review of the Department’s decision denying DaimlerChrysler’s application for a tax refund under Nevada’s bad-debt collection statute.
Summary Of Rttc Communications, Inc. V. The Saratoga Flier, Inc., 121 Nev. Adv. Op. 6, Patrick Murch
Summary Of Rttc Communications, Inc. V. The Saratoga Flier, Inc., 121 Nev. Adv. Op. 6, Patrick Murch
Nevada Supreme Court Summaries
Appeal from a final district court judgment in a contract dispute and an order awarding attorney fees.
Summary Of Village Builders 96, Patty Roberts
Summary Of Village Builders 96, Patty Roberts
Nevada Supreme Court Summaries
In September 1995, Ray Brannen formed Buena Nevada. In December 1996, Brannen sold 100% of Buena Nevada’s shares to Geofon, Inc, which formed a new company named Buena Engineers, Inc., a Division of Geofon, Inc. (Buena Geofon). In the sales agreement, Brannen reserved the right to repurchase the shares of Buena Geofon. In 1997, Buena Geofon submitted a proposal to Village Builders, LP (Village) to perform an environmental site assessment, which Village accepted. Acting on Buena Geofon’s assessment, Village purchased the property only to discover in December 1998 that Buena Geofon’s assessment failed to identify contaminated soil and ground water …
Summary Of J.A. Jones Const. Co. V. Lehrer Mcgovern Bovis, Inc., Christina H. Wang
Summary Of J.A. Jones Const. Co. V. Lehrer Mcgovern Bovis, Inc., Christina H. Wang
Nevada Supreme Court Summaries
Appeal from a judgment entered pursuant to a jury verdict in an action concerning a construction contract.
Summary Of Trustees Of The Plumbers And Pipefitters, Christina H. Wang
Summary Of Trustees Of The Plumbers And Pipefitters, Christina H. Wang
Nevada Supreme Court Summaries
Appeal from a district court order granting summary judgment to trustee for bond amount after principal, employer of union workers, failed to pay requisite contributions and filed for bankruptcy.