Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

2012

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

Articles 31 - 60 of 146

Full-Text Articles in Law

Summary Of Certified Fire Protection, Inc. V. Precision Construction, Inc., Et. Al., 128 Nev. Adv. Op. No. 35, Travis Akin Aug 2012

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 Aug 2012

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 Road & Highway Builders, Llc. V. Northern Nevada Rebar, Inc., 128 Nev. Adv. Op. No. 36, Matthew Vantusko Aug 2012

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 Aug 2012

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 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.


Summary Of O’Connor V. Mallory, 128 Nev. Adv. Op. No. 41 , Collin Seale Aug 2012

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.


Summary Of Rolf Jensen & Assoc., Inc. V. Eighth Judicial Dist. Ct., 128 Nev. Adv. Op. 42, Amanda Ireland Aug 2012

Summary Of Rolf Jensen & Assoc., Inc. V. Eighth Judicial Dist. Ct., 128 Nev. Adv. Op. 42, Amanda Ireland

Nevada Supreme Court Summaries

On petition for writ of mandamus challenging a denial of summary judgment, the Court considered whether the Americans with Disabilities Act (ADA) preempts state law claims for indemnification brought by an admitted violator of the ADA.


Summary Of Washoe County V. Otto, 128 Nev. Advanced Opinion No. 40, Emily Navasca Aug 2012

Summary Of Washoe County V. Otto, 128 Nev. Advanced Opinion No. 40, Emily Navasca

Nevada Supreme Court Summaries

The Court considered an appeal from a district court’s order dismissing a petition for judicial review of a State Board of Equalization tax decision pursuant to the Nevada Administrative Procedure Act (APA).


Summary Of State, Bus. & Indus. V. Nev. Ass’N Servs., 128 Nev. Adv. Op. No. 34, Jason Deforest Aug 2012

Summary Of State, Bus. & Indus. V. Nev. Ass’N Servs., 128 Nev. Adv. Op. No. 34, Jason Deforest

Nevada Supreme Court Summaries

The Court considered, on appeal, whether the district court erred in granting a preliminary injunction and prohibiting the State of Nevada Department of Business and Industry, Financial Institutions Division (hereinafter referred to as the “Department”) from enforcing its declaratory order and advisory opinion regarding the appropriate amount of homeowners’ association lien fees Nevada Association Services (hereinafter referred to as “NAS”) can collect.


Road Scholars - August 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Aug 2012

Road Scholars - August 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

The August 2012 issue of Road Scholars highlights law faculty members' scholarly activities beyond the walls of the William S. Boyd School of Law.


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

Boyd Briefs - August 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.


Cross-Border Ip Infringement: Patents, Marketa Trimble Jul 2012

Cross-Border Ip Infringement: Patents, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble presented these materials at the CASRIP 20th Anniversary / IP LLM 10th Anniversary IP-across Topic Scholarship Conference on July 28, 2012.


The Ministerial Exception And The Limits Of Religious Sovereignty, Ian C. Bartrum Jul 2012

The Ministerial Exception And The Limits Of Religious Sovereignty, Ian C. Bartrum

Scholarly Works

This paper explores potential theoretical limits on the jurisdictional independence of religious sovereignty in the context of the ministerial exception.


Summary Of Nevada V. Barren, 128 Nev. Adv. Op. 31, Amanda Ireland Jul 2012

Summary Of Nevada V. Barren, 128 Nev. Adv. Op. 31, Amanda Ireland

Nevada Supreme Court Summaries

An appeal from a district court order granting writ of mandamus directing the justice court to dismiss a criminal complaint for lack of jurisdiction.


Summary Of In Re George J., 128 Nev. Advanced Opinion No. 32, Emily Navasca Jul 2012

Summary Of In Re George J., 128 Nev. Advanced Opinion No. 32, Emily Navasca

Nevada Supreme Court Summaries

The Court considered an appeal from a district court’s order transferring a juvenile case to justice court for adult criminal proceedings pursuant to NRS 62B.335.


Road Scholars - July 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Jul 2012

Road Scholars - July 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

The July 2011 issue of Road Scholars highlights law faculty members' scholarly activities beyond the walls of the William S. Boyd School of Law.


Summary Of Choy V. Ameristar Casinos, Inc., 127 Nev. Adv. Op. 78, Justin Shiroff Jun 2012

Summary Of Choy V. Ameristar Casinos, Inc., 127 Nev. Adv. Op. 78, Justin Shiroff

Nevada Supreme Court Summaries

A petition for an en banc reconsideration of a panel opinion affirming the district court’s summary judgment in a tort action.


Summary Of Physicians Insurance Company Of Wisconsin, Inc. V. Williams, 128 Nev. Adv. Op. No. 30, Bryan Schwartz Jun 2012

Summary Of Physicians Insurance Company Of Wisconsin, Inc. V. Williams, 128 Nev. Adv. Op. No. 30, Bryan Schwartz

Nevada Supreme Court Summaries

The Court considered, on appeal, the difference between “claims-made” coverage versus “occurrence” coverage under an insurance policy. Further, the Court considered whether the insured’s “claims-made” coverage could be triggered through constructive notice and what was required for constructive notice to be found.


Summary Of Tri-County Equipment & Leasing V. Klinke, 128 Nev. Adv. Op. No. 33, Daniella Labounty Jun 2012

Summary Of Tri-County Equipment & Leasing V. Klinke, 128 Nev. Adv. Op. No. 33, Daniella Labounty

Nevada Supreme Court Summaries

The court considered whether proof of workers’ compensation payments paid in California could be admitted into evidence in a personal injury action in Nevada. Because both states have statutes governing this issue, the Court decided that the Nevada statute shall govern. Applying Nevada law, the Court concluded that evidence of the actual amount of the benefits paid should be admitted and a clarifying jury instruction should have been given.


Proposal For An International Convention On Online Gambling, Marketa Trimble Jun 2012

Proposal For An International Convention On Online Gambling, Marketa Trimble

Scholarly Works

The proposal, which will be published as a chapter in a volume from the Internet Gaming Regulation Symposium co-organized by the William S. Boyd School of Law of the University of Nevada, Las Vegas, in May 2012, presents the outline of an international convention ('Convention') that will facilitate cooperation among countries in enforcement of their online gambling regulations while allowing the countries to maintain their individual legal approaches to online gambling. Countries continue to vary in their approaches - some permit and regulate, and others prohibit online gambling, and even countries that permit and regulate online gambling approach the issue …


Summary Of Ryan’S Express V. Amador Stage Lines, 128 Nev. Adv. Op. 27, Richard A. Andrews Jun 2012

Summary Of Ryan’S Express V. Amador Stage Lines, 128 Nev. Adv. Op. 27, Richard A. Andrews

Nevada Supreme Court Summaries

The Court considered a motion to disqualify a law firm from participating in the appeal of a failed settlement program.


Summary Of Davis V. Beling, 128 Nev. Adv. Op. No. 28, Colin Seale Jun 2012

Summary Of Davis V. Beling, 128 Nev. Adv. Op. No. 28, Colin Seale

Nevada Supreme Court Summaries

The Court considered, on appeal, whether a court can admit evidence of compromise offers within real estate transactions for the purpose of demonstrating a failure to mitigate damages. Further, it considered whether real estate licensees are shielded from all forms of common law liability. Lastly, the Court considered whether compensatory damages should include diminution-in-value for a claim alleging fraud, whether carrying costs as consequential damages should be limited by the economic loss doctrine, and whether the district court erred in denying attorney’s fees provided for in listing and purchase agreements to the prevailing party.


Summary Of Fga, Inc. V. Giglio, 128 Nev. Adv. Op. 26, Brandon C. Sendall Jun 2012

Summary Of Fga, Inc. V. Giglio, 128 Nev. Adv. Op. 26, Brandon C. Sendall

Nevada Supreme Court Summaries

The Court considered whether the “mode of operation” approach to premises liability, under which the plaintiff does not have to prove defendant’s knowledge of a particular hazardous condition if the plaintiff can prove that the nature of the defendant’s business tends to create a substantial risk of the type of harm the plaintiff suffered, extends beyond the self-service context to sit-down restaurants, and whether the district court abused its discretion in excluding certain evidence.


Road Scholars - June 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Jun 2012

Road Scholars - June 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

The July 2011 issue of Road Scholars highlights law faculty members' scholarly activities beyond the walls of the William S. Boyd School of Law.


Summary Of Pack V. Latourette, 128 Nev. Adv. Op. No. 25, Matthew Vantusko May 2012

Summary Of Pack V. Latourette, 128 Nev. Adv. Op. No. 25, Matthew Vantusko

Nevada Supreme Court Summaries

Appeal from an action that was dismissed on statute of limitation grounds with prejudice. The Court addressed whether dismissal is proper in the absence of a preexisting relationship for a claim of equitable indemnity; whether contribution can be sought from a party who has not yet paid toward a judgment; and whether an expert affidavit is required for claims seeking contribution for medical malpractice.


Summary Of Winn V. Sunrise Hospital And Medical Center, 128 Nev. Adv. Op. 23, Travis Akin May 2012

Summary Of Winn V. Sunrise Hospital And Medical Center, 128 Nev. Adv. Op. 23, Travis Akin

Nevada Supreme Court Summaries

Appeal from a district court summary judgment in a medical malpractice action based on the statute of limitations under NRS 41A.097.


Summary Of In Re Nevada State Engineer Ruling No. 5823, 129 Nev. Adv. Op. No 22, Alan R. Smith May 2012

Summary Of In Re Nevada State Engineer Ruling No. 5823, 129 Nev. Adv. Op. No 22, Alan R. Smith

Nevada Supreme Court Summaries

Appeal from a district court decision dismissing a petition for judicial review of the State Engineer’s ruling in a water rights action for lack of subject matter jurisdiction.


Summary Of Whitehead V. State, 128 Nev. Adv. Op. No. 24, Eric Carson May 2012

Summary Of Whitehead V. State, 128 Nev. Adv. Op. No. 24, Eric Carson

Nevada Supreme Court Summaries

The Court grants an en banc reconsideration of an appeal from an order dismissing a post-conviction petition for writ of habeas corpus.


Summary Of Club Vista Financial Servs. V. Dist. Ct., 128 Nev. Adv. Op. No. 21, Cameron M. Daw May 2012

Summary Of Club Vista Financial Servs. V. Dist. Ct., 128 Nev. Adv. Op. No. 21, Cameron M. Daw

Nevada Supreme Court Summaries

The Court considered what circumstances are necessary to allow for the deposition of an opposing party’s former attorney during discovery. The Court balanced the competing interests of discovering vital information to a litigant’s case and the importance of the attorney-client privilege.


Summary Of Schettler V. Ralron Capital Corp., 128 Nev. Adv. Op. No. 20, Jason L. Deforest May 2012

Summary Of Schettler V. Ralron Capital Corp., 128 Nev. Adv. Op. No. 20, Jason L. Deforest

Nevada Supreme Court Summaries

The Court considered whether the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) divests a court of jurisdiction to consider any defenses or affirmative defenses not first adjudicated through FIRREA’s claims process. The Court also considered, as a matter of first impression, whether FIRREA’s jurisdictional bar extends to successors in interest to the Federal Deposit Insurance Corporation (FDIC).