Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 66
Full-Text Articles in Law
Summary Of Butwinick V. Hepner, 128 Nev. Adv. Op. 65, Robert Stewart
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 Beazer Homes Holding Corp. V. Dist. Ct., 128 Nev. Adv. Op. 66, Jamie Stilz-Outlaw
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 Howard V. State, 128 Nev. Adv. Op. 67, Priscilla Baker
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 State V. Tricas, 128 Nev. Adv. Op. 62, Katelyn Franklin
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 Casey V. Wells Fargo Bank, N.A., 128 Nev. Adv. Op. No. 64, Casey Seale
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 Devries V. Gallio, 128 Nev. Adv. Op. 63, Wade Beavers
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
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
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
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
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
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
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.
Summarry Of Hernandez V. Bennett-Haron, 128 Nev. Adv. Op. 54, David Rothenberg
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
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
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
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
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
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.
Summary Of Gold Ridge Partners V. Sierra Pacific Power Company, 128 Nev. Adv. Op. 47, Adam Tully
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 appeal if the plaintiff …
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 Edelstein V. Bank Of New York Mellon, 128 Nev. Adv. Op. 48, Jamie Stilz-Outlaw
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
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
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.
Summary Of Consipio Holding, Bv V. Carlberg, 128 Nev. Adv. Op. 43, Brandon C. Sendall
Summary Of Consipio Holding, Bv V. Carlberg, 128 Nev. Adv. Op. 43, Brandon C. Sendall
Nevada Supreme Court Summaries
The Court considered whether Nevada courts can exercise personal jurisdiction over nonresident officers and directors who directly harm a Nevada corporation.
Summary Of Road & Highway Builders, Llc. V. Northern Nevada Rebar, Inc., 128 Nev. Adv. Op. No. 36, Matthew Vantusko
Summary Of Road & Highway Builders, Llc. V. Northern Nevada Rebar, Inc., 128 Nev. Adv. Op. No. 36, Matthew Vantusko
Nevada Supreme Court Summaries
This is a consolidated appeal in a contract action from a district court judgment on a jury verdict, and an order by the district court denying a new trial. The Court addressed whether a fraudulent inducement claim is available when the language of the underlying contract contradicts the required elements of the inducement claim; the propriety of compensatory damages awarded by the jury for lost profits in a contract claim; and the availability of punitive damages without a finding of fraud.
Summary Of Deboer V. Sr. Bridges Of Sparks Family Hospital, Inc., 128 Nev. Adv. Op. No. 38, Bryan Schwartz
Summary Of Deboer V. Sr. Bridges Of Sparks Family Hospital, Inc., 128 Nev. Adv. Op. No. 38, Bryan Schwartz
Nevada Supreme Court Summaries
The Court considered, on appeal, what duty of care is owed by a medical facility when it performs nonmedical functions.
Summary Of Bonnell V. Lawrence, 128 Nev. Adv. Op. No. 37, Richard A. Andrews
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.
Summary Of Certified Fire Protection, Inc. V. Precision Construction, Inc., Et. Al., 128 Nev. Adv. Op. No. 35, Travis Akin
Summary Of Certified Fire Protection, Inc. V. Precision Construction, Inc., Et. Al., 128 Nev. Adv. Op. No. 35, Travis Akin
Nevada Supreme Court Summaries
Consolidated appeal from a district court judgment on partial findings and an appeal and cross-appeal from a post-judgment order awarding costs and denying a motion for attorney fees.
Summary Of Liapis V. Second Judicial Dist. Ct., 128 Nev. Adv. Op. 39, Rami Hernandez
Summary Of Liapis V. Second Judicial Dist. Ct., 128 Nev. Adv. Op. 39, Rami Hernandez
Nevada Supreme Court Summaries
An interlocutory writ of mandamus from a district court order disqualifying an attorney from representing his father in his parents’ divorce case.
Summary Of O’Connor V. Mallory, 128 Nev. Adv. Op. No. 41 , Collin Seale
Summary Of O’Connor V. Mallory, 128 Nev. Adv. Op. No. 41 , Collin Seale
Nevada Supreme Court Summaries
A defendant appealed a district court’s denial of the defendant's petition to set aside the election of the Churchill County District Attorney (DA) to his fourth consecutive term, arguing that his election unconstitutionally violated term limits for state officers.