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2012

University of Nevada, Las Vegas -- William S. Boyd School of Law

Articles 1 - 30 of 144

Full-Text Articles in Law

Summary Of Beazer Homes Holding Corp. V. Dist. Ct., 128 Nev. Adv. Op. 66, Jamie Stilz-Outlaw Dec 2012

Summary Of Beazer Homes Holding Corp. V. Dist. Ct., 128 Nev. Adv. Op. 66, Jamie Stilz-Outlaw

Nevada Supreme Court Summaries

The Court considered the ability of a homeowners’ association (HOA) to litigate construction-defect claims on behalf of its members’ homes under NRS 116.3102(1)(d) without fulfilling NRCP 23 class action requirements.


Summary Of Butwinick V. Hepner, 128 Nev. Adv. Op. 65, Robert Stewart Dec 2012

Summary Of Butwinick V. Hepner, 128 Nev. Adv. Op. 65, Robert Stewart

Nevada Supreme Court Summaries

The Court considered Respondents’ motion to substitute themselves as the real parties in interest after acquiring Appellants’ rights and interests in the underlying district court action at a judgment execution sale, and to dismiss Appellants’ appeal from a district court order.


Summary Of Howard V. State, 128 Nev. Adv. Op. 67, Priscilla Baker Dec 2012

Summary Of Howard V. State, 128 Nev. Adv. Op. 67, Priscilla Baker

Nevada Supreme Court Summaries

The Court considered the State’s motion to reconsider and other various motions regarding the sealing of the ex parte motion to substitute counsel. It further deliberated whether documents and records could be filed under seal in a pending criminal case before the Court. In addition, the Court also addressed the requirements and procedures for sealing such documents and records.


Summary Of Casey V. Wells Fargo Bank, N.A., 128 Nev. Adv. Op. No. 64, Casey Seale Dec 2012

Summary Of Casey V. Wells Fargo Bank, N.A., 128 Nev. Adv. Op. No. 64, Casey Seale

Nevada Supreme Court Summaries

An appeal of a motion to confirm an arbitration award that the Court summarily granted without reviewing the arbitration record and without giving the nonmovant an opportunity to file an opposition to the motion.


Summary Of State V. Tricas, 128 Nev. Adv. Op. 62, Katelyn Franklin Dec 2012

Summary Of State V. Tricas, 128 Nev. Adv. Op. 62, Katelyn Franklin

Nevada Supreme Court Summaries

The Court considered the State’s appeal from a district court order granting the defendant’s motion to withdraw her guilty plea and to dismiss the criminal case under Nevada’s prosecutorial immunity statutes, NRS 178.572 and NRS 178.574.


Summary Of Devries V. Gallio, 128 Nev. Adv. Op. 63, Wade Beavers Dec 2012

Summary Of Devries V. Gallio, 128 Nev. Adv. Op. 63, Wade Beavers

Nevada Supreme Court Summaries

The Court considered whether the district court abused its discretion in failing to award ex-husband (DeVries) an interest in ex-wife’s (Gallio’s) cattle company after having labored there without compensation, ostensibly increasing the value of the business. The Court also considered whether the district court abused its discretion in failing to award the ex-husband requested spousal support.


Summary Of Einhorn V. Bac Home Loans Servicing, L.P., 128 Nev. Adv. Op. 61, David H. Rigdon Dec 2012

Summary Of Einhorn V. Bac Home Loans Servicing, L.P., 128 Nev. Adv. Op. 61, David H. Rigdon

Nevada Supreme Court Summaries

Appeal from a District Court order finding that BAC Home Loan Servicing, L.P (BAC) met its showing of lack of bad faith during foreclosure mediation and affirming the issuance of a Letter of Certification.


Summary Of Grisham V. Grisham, 128 Nev. Adv. Op. 60, Timothy A. Wiseman Dec 2012

Summary Of Grisham V. Grisham, 128 Nev. Adv. Op. 60, Timothy A. Wiseman

Nevada Supreme Court Summaries

The court considered whether a written, but unsigned property settlement agreement draft, which had been entered into evidence, can be considered binding.


Summary Of United Rentals Highway V. Wells Cargo, 128 Nev. Adv. Op. 59, Joseph Sakai Dec 2012

Summary Of United Rentals Highway V. Wells Cargo, 128 Nev. Adv. Op. 59, Joseph Sakai

Nevada Supreme Court Summaries

An appeal regarding contract language’s effect on an indemnitor’s duty to indemnify and defend an indemnitee in a personal injury action where the language provides that indemnification will occur “to the extent” that any injury or damage is “caused” by the indemintor.


Summary Of Aspen Financial Services Inc. V. Dist. Ct., 128 Nev. Adv. Op. 57, Oscar Peralta Dec 2012

Summary Of Aspen Financial Services Inc. V. Dist. Ct., 128 Nev. Adv. Op. 57, Oscar Peralta

Nevada Supreme Court Summaries

The Court considered a petition for a writ of prohibition or mandamus in response to a district court’s denial of a motion to stay certain testimonial discovery in a civil proceeding occurring simultaneously to a criminal investigation.


Summary Of Holcomb V. Georgia Pacific, 128 Nev. Adv. Op. 56`, Miriam C. Meyer Dec 2012

Summary Of Holcomb V. Georgia Pacific, 128 Nev. Adv. Op. 56`, Miriam C. Meyer

Nevada Supreme Court Summaries

An appeal from a district court’s grant of summary judgment for manufacturers of asbestos-containing products.


Summary Of Jackson V. State, 128 Nev. Adv. Op. 55, Sarah Mead Dec 2012

Summary Of Jackson V. State, 128 Nev. Adv. Op. 55, Sarah Mead

Nevada Supreme Court Summaries

Appeals from district court judgments of conviction based on similar questions regarding double jeopardy and redundancy. The Court considered whether a criminal defendant who is charged with both attempted murder and battery or aggravated battery through a single act can be so charged, or whether such a charge constitutes double jeopardy, or violates Nevada’s common law redundancy theory.


Boyd Briefs - December 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Dec 2012

Boyd Briefs - December 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides monthly information regarding the scholarly and other activities of the faculty of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Dean's Column: Academic Success At Boyd, Jennifer Carr Dec 2012

Dean's Column: Academic Success At Boyd, Jennifer Carr

Scholarly Works

No abstract provided.


Boyd Briefs - November 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Nov 2012

Boyd Briefs - November 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides monthly information regarding the scholarly and other activities of the faculty of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Reasonable Men?, Ann C. Mcginley Nov 2012

Reasonable Men?, Ann C. Mcginley

Scholarly Works

After the Supreme Court recognized sexual harassment as a form of sex discrimination under Title VII, lower courts used the reasonable person standard to measure whether the behavior was sufficiently severe or pervasive to constitute a hostile working environment. Cultural and radical feminists objected to the reasonable person measure, and many supported a reasonable woman standard, which the Ninth Circuit adopted. Because of its tendency to essentialize how women would react, many feminists soon abandoned their support for the standard. A number of circuits, however, continue to use the reasonable woman or reasonable victim standards.

Most of the scholarship concerning ...


Summarry Of Hernandez V. Bennett-Haron, 128 Nev. Adv. Op. 54, David Rothenberg Oct 2012

Summarry Of Hernandez V. Bennett-Haron, 128 Nev. Adv. Op. 54, David Rothenberg

Nevada Supreme Court Summaries

In an appeal from the district court upholding all but one provision regarding the establishment of a coroner’s inquest of officer-involved deaths, the Court determined whether Clark County, Nevada, Code of Ordinances (CCCO), Title 2, Chapter 2.12 violates due process rights and whether the ordinance intrudes upon the Legislature’s exclusive authority.


Summary Of Goudge V. State, 128 Nev. Adv. Op. 52, Joseph Sakai Oct 2012

Summary Of Goudge V. State, 128 Nev. Adv. Op. 52, Joseph Sakai

Nevada Supreme Court Summaries

An appeal addressing a district court’s discretion when deciding a petition for release from a special sentence of lifetime supervision under NRS 176.0931(3) and whether the district court has the discretion to deny the release if the requirements in the statute have been met.


Summary Of In Re: Fontainebleau Las Vegas Holdings, Llc, 128 Nev. Adv. Op. 53, David H. Rigdon Oct 2012

Summary Of In Re: Fontainebleau Las Vegas Holdings, Llc, 128 Nev. Adv. Op. 53, David H. Rigdon

Nevada Supreme Court Summaries

The Court considered three questions certified by the United States Bankruptcy Court for the Southern District of Florida relating to the application of equitable subrogation and enforceability of contractual subordination against mechanics’ lien claimants under Nevada’s mechanics’ and materialmen’s lien statutes, codified in NRS Chapter 108.


Summary Of Busefink V. Nevada, 128 Nev. Adv. Op. 49, Nicole Scott Oct 2012

Summary Of Busefink V. Nevada, 128 Nev. Adv. Op. 49, Nicole Scott

Nevada Supreme Court Summaries

The Court considered whether NRS § 293.805, which prohibits compensation based on the number of voters registered, violated the First Amendment. Further, the Court considered whether the statute is unconstitutionally vague.


Summary Of Sherriff V. Andrews, 128 Nev. Adv. Op. 51, Robert Stewart Oct 2012

Summary Of Sherriff V. Andrews, 128 Nev. Adv. Op. 51, Robert Stewart

Nevada Supreme Court Summaries

In an appeal from a district court order granting a pretrial petition for a writ of habeas corpus and dismissing a charge for possession of an item commonly used to escape, the Court determined whether NRS 212.093(1) encompasses a prohibition on cell phones.


Summary Of State V. Javier C., 128 Nev. Adv. Op. 50, Sarah Stephan Oct 2012

Summary Of State V. Javier C., 128 Nev. Adv. Op. 50, Sarah Stephan

Nevada Supreme Court Summaries

An appeal from a district court order dismissing a category B felony charge of battery under NRS 200.481(2)(f), finding the statute’s definition of “prisoner” was not meant to include juvenile defendants committed to a detention center for delinquency.


Boyd Briefs - October 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Oct 2012

Boyd Briefs - October 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides monthly information regarding the scholarly and other activities of the faculty of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Summary Of Gold Ridge Partners V. Sierra Pacific Power Company, 128 Nev. Adv. Op. 47, Adam Tully Oct 2012

Summary Of Gold Ridge Partners V. Sierra Pacific Power Company, 128 Nev. Adv. Op. 47, Adam Tully

Nevada Supreme Court Summaries

The Court considered a motion to remand a case on appeal to the district court. Specifically, the Court weighed whether an eminent domain plaintiff could abandon its claim after the plaintiff paid just compensation and the district court entered a final condemnation order, but before the resolution of a pending appeal. In reaching its conclusions, the Court examined when a “final judgment” for the purposes of N.R.S. § 37.180(1) takes place, when an eminent domain taking is completed under the Constitution,2 and whether a district court maintains limited jurisdiction to dismiss an eminent domain claim on ...


Summary Of State Of Nevada V. Reliant Energy, Inc., 128 Nev. Adv. Op. No. 46, Brittnie Watkins Oct 2012

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 Edelstein V. Bank Of New York Mellon, 128 Nev. Adv. Op. 48, Jamie Stilz-Outlaw Sep 2012

Summary Of Edelstein V. Bank Of New York Mellon, 128 Nev. Adv. Op. 48, Jamie Stilz-Outlaw

Nevada Supreme Court Summaries

Appeal examining the note-holder and beneficial-interest status of a party seeking to foreclose via the Nevada Foreclosure Mediation Program (Nevada FMP).


Summary Of Sierra Nevada Administrators V. Negriev, 128 Nev. Adv. Op. 45, Drew Wheaton Sep 2012

Summary Of Sierra Nevada Administrators V. Negriev, 128 Nev. Adv. Op. 45, Drew Wheaton

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order denying a petition for judicial review in a workers’ compensation action.


Summary Of In Re Parental Rights As To J.D.N., 128 Nev. Adv. Op. 44, Timothy A. Wiseman Sep 2012

Summary Of In Re Parental Rights As To J.D.N., 128 Nev. Adv. Op. 44, Timothy A. Wiseman

Nevada Supreme Court Summaries

The Court considered whether an objection to the admission of an entire set of documents as hearsay preserved the issue for appeal. Second, the Court considered what burden of proof should be used to rebut the parental-fault and child’s-best-interest presumptions found in NEV. REV. STAT. § 128.109. Finally, the Court considered if substantial evidence supported the decision to terminate parental rights and if the district court had considered all required factors.


Boyd Briefs - September 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Sep 2012

Boyd Briefs - September 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides monthly information regarding the scholarly and other activities of the faculty of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Summary Of Bonnell V. Lawrence, 128 Nev. Adv. Op. No. 37, Richard A. Andrews Aug 2012

Summary Of Bonnell V. Lawrence, 128 Nev. Adv. Op. No. 37, Richard A. Andrews

Nevada Supreme Court Summaries

Appeal from a district court order dismissing an independent action to obtain relief from an otherwise unreviewable final judgment.