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Summary Of Day V. Washoe County School District, 121 Nev. Adv. Op. 37, Timothy J. Geswein
Summary Of Day V. Washoe County School District, 121 Nev. Adv. Op. 37, Timothy J. Geswein
Nevada Supreme Court Summaries
The Nevada Supreme Court held that a prior determination that an injury is industrially related may not be reconsidered in determining primary causation under NRS 616C.390, the Nevada Industrial Insurance Act’s provision for claim reopening.
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 Edwards V. Direct Access, Llc, 121 Nev. Adv. Op. 89, David T. Gluth
Summary Of Edwards V. Direct Access, Llc, 121 Nev. Adv. Op. 89, David T. Gluth
Nevada Supreme Court Summaries
Appeal from Eighth Judicial District Court’s order granting respondent’s, Direct Access’s, motion to dismiss for lack of jurisdiction because of appellant’s, Edwards’, failure to state a claim under federal and state statutes.
Summary Of Foster V. State, 121 Nev. Adv. Op. 20, Debra L. Pieruschka
Summary Of Foster V. State, 121 Nev. Adv. Op. 20, Debra L. Pieruschka
Nevada Supreme Court Summaries
Troy Anthony Foster, appellant, was charged with four counts of sexual assault and one count of kidnapping. A jury found Foster guilty of three counts of sexual assault and acquitted him on one count of sexual assault and of kidnapping. Foster appealed his conviction asserting five assignments of error. The Nevada Supreme Court rejected Foster’s contentions concluding in part the evidence presented at trial was more than sufficient to sustain the jury’s verdict. Foster then filed a post-conviction petition for a writ of habeas corpus in district court, claiming ineffective assistance of both trial and appellate counsel. The district court …
Summary Of Garcia V. State , Justin L. Carley
Summary Of Garcia V. State , Justin L. Carley
Nevada Supreme Court Summaries
Ramon Garcia appealed his convictions for: (1) burglary while in possession of a firearm, (2) robbery with the use of a deadly weapon, (3) first-degree kidnapping, 4. conspiracy to commit burglary, (5) another burglary while in the possession of a firearm, 6. conspiracy to commit robbery, (7) attempted robbery with the use of a deadly weapon, and 8. false imprisonment. Garcia argued that: (1) the jury instruction on false imprisonment was improper, (2). the state presented insufficient evidence to support a verdict on kidnapping and false imprisonment, (3) the district court erroneously failed to hold a hearing on his motion …
Summary Of Gumm V. Nevada Department Of Education, Justin L. Carley
Summary Of Gumm V. Nevada Department Of Education, Justin L. Carley
Nevada Supreme Court Summaries
The Gumms filed a petition for a writ of mandamus asserting that they had no other means to challenge the Douglas County School District’s (DCSD) refusal to pay Mrs. Gumm’s forfeited salary and benefits for the time she spent transporting her son to an autism program.
Summary Of Hymon V. State, 121 Nev. Adv. Op. 23, Bryson D. Perkins
Summary Of Hymon V. State, 121 Nev. Adv. Op. 23, Bryson D. Perkins
Nevada Supreme Court Summaries
In April 2001, Hymon stole a purse from a woman in the lobby of an auto repair shop. He ran, and two of the shop’s mechanics pursued him. They caught up to him when he fell on the curb, but he stood and swung a four- to six-inch long pocketknife. They backed away, allowing him to escape, but the police apprehended him shortly thereafter. After Hymon requested to represent himself, the district court conducted a Faretta canvass,2 and concluded that Hymon was competent to waive his right to counsel. Hymon was uncooperative and unwilling to communicate with the prosecutor, so …
Summary Of In The Matter Of The Parental Rights Of N.D.O., 121 Nev. Adv. Op. 36, Timothy J. Geswein
Summary Of In The Matter Of The Parental Rights Of N.D.O., 121 Nev. Adv. Op. 36, Timothy J. Geswein
Nevada Supreme Court Summaries
The Nevada Supreme Court upheld Eighth Judicial District Court, Family Court Division’s termination of parental rights despite a claim of ineffective counsel. The Nevada Supreme Court concluded that the right to counsel must be determined on a caseby- case basis and be consistent with the United States Supreme Court’s decision in Lassiter v. Dept. of Social Services.
Summary Of Jacobson V. Estate Of Clayton, 121 Nev. Adv. Op. 53, 119 P.3d 132, Scott Mcdonald
Summary Of Jacobson V. Estate Of Clayton, 121 Nev. Adv. Op. 53, 119 P.3d 132, Scott Mcdonald
Nevada Supreme Court Summaries
Nevada Revised Statute 140.040 specifically allows suits against a special administrator, in place of probate proceedings, when the estate’s sole asset is a liability insurance policy.
Summary Of Jordan V. State, Dep’T Of Motor Vehicles, 121 Nev. Adv. Op. 7, Daria Snadowsky
Summary Of Jordan V. State, Dep’T Of Motor Vehicles, 121 Nev. Adv. Op. 7, Daria Snadowsky
Nevada Supreme Court Summaries
Jordan v. State rules on two separate appeals that address the same issue of first impression regarding guidelines Nevada state courts must follow in order to restrict court access to in proper person litigants with in forma pauperis status. This case also reconfirms the process by which in forma applications are reviewed. In the first case, respondent Officer Jimmie W. Jones arrested proper person appellant James Jacob Jordan for trespassing on state property2 after Jordan did not heed Officer Jones’s warning to leave the premises. After the trespass charge was dropped the following day, Jordan sued Officer Jones along with …
Summary Of Mgm Mirage V. Cotton, 121 Nev. Adv. Op. 39 , Ryan Hall
Summary Of Mgm Mirage V. Cotton, 121 Nev. Adv. Op. 39 , Ryan Hall
Nevada Supreme Court Summaries
When MGM Mirage employee Brenda Cotton walked through her employer’s parking lot ten minutes before her shift, she tripped over a parking lot curb and injured herself. Cotton sustained an ankle fracture and ligament tear. Deciding that Cotton had failed to prove that her injury arose out of her course of employment, MGM denied her workers’ compensation claim. MGM’s decision was upheld by a hearing officer, because the injury did not occur during working hours. The hearing officer’s decision was reversed on appeal. MGM’s petition for review was denied by the district court.
Summary Of Pope V. Motel 6, 121 Nev. Adv. Op. 31, Collin Webster
Summary Of Pope V. Motel 6, 121 Nev. Adv. Op. 31, Collin Webster
Nevada Supreme Court Summaries
On April 5, 1996, Motel 6 hired Juanita Pope as a housekeeper. Within several months, Motel 6 promoted Ms. Pope to the position of head housekeeper. However, within the first fourteen months of Ms. Pope’s employment she was written up, warned, and suspended multiple times for tardiness and unsatisfactory job performance. In June 1997, Victoria Inman, manager of the Motel 6 where Ms. Pope worked, issued a verbal warning to Ms. Pope, telling her that she was to stop gossiping to other Motel 6 employees. Inman explained to Ms. Pope that such conduct was inappropriate for somebody in a management …
Summary Of Potter V. Potter, 119 P.3d 1246, Chris Orme
Summary Of Potter V. Potter, 119 P.3d 1246, Chris Orme
Nevada Supreme Court Summaries
Nevada’s relocation statute does not apply to parties that share joint custody of minor children. If a parent with joint custody rights wants to move outside of Nevada with a minor child, then that parent must file a motion with a district court judge to determine whether moving is in the best interests of the child or whether staying with the nonmoving parent is in the best interests of the child.!
Summary Of Seino V. Employers Insurance Co. Of Nevada, 121 Nev. Adv. Op. 17, Danielle Oakley
Summary Of Seino V. Employers Insurance Co. Of Nevada, 121 Nev. Adv. Op. 17, Danielle Oakley
Nevada Supreme Court Summaries
This case was an appeal from a district court order denying Plaintiff/Appellant’s petition for judicial review in a workers’ compensation case.
Summary Of State V. District Court (Jackson), 121 Nev. Adv. Op. 4, Kenneth E. Hogan
Summary Of State V. District Court (Jackson), 121 Nev. Adv. Op. 4, Kenneth E. Hogan
Nevada Supreme Court Summaries
Petitioner, seeking a writ of mandamus, contended that the district court abused its discretion by awarding defendant credit against her prison sentence for time served on house arrest as a condition of bail.
Summary Of Valley Electric Assoc. V. Overfield, 121 Nev. Adv. Op. 2, Kathleen L. Fellows
Summary Of Valley Electric Assoc. V. Overfield, 121 Nev. Adv. Op. 2, Kathleen L. Fellows
Nevada Supreme Court Summaries
An appeal challenging the award of attorney fees to landowners in an eminent domain action under NRS 18.010.