Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Khoury V. Seastrand, 132 Nev. Adv. Op. 52 (July 28, 2016), Ronni Boskovich
Khoury V. Seastrand, 132 Nev. Adv. Op. 52 (July 28, 2016), Ronni Boskovich
Nevada Supreme Court Summaries
The Court considered three consolidated appeals from a district court judgment, pursuant to a jury verdict, and post-judgment orders awarding costs and denying a new trial in a personal injury action. While the Court addressed numerous issues, the following three questions comprised the bulk of the consolidated appeals: (1) whether an attorney may ask prospective jurors questions concerning a specific verdict amount to determine potential bias or prejudice; (2) whether repeatedly asking questions about that specific amount results in jury indoctrination warranting a mistrial; and (3) when a district court abuses its discretion in dismissing jurors for cause under Jitnan …
Rish V. Simao, 132 Nev. Adv. Op. 17 (Mar. 17, 2016), Heather Caliguire
Rish V. Simao, 132 Nev. Adv. Op. 17 (Mar. 17, 2016), Heather Caliguire
Nevada Supreme Court Summaries
The Nevada Supreme Court held that the District Court wrongly excluded evidence of low-impact defense when it required a biomechanical expert testify about the nature of the accident, erroneously interpreting Hallmark v. Eldgridge Instead, Hallmark requires sufficient foundation for admission of testimony and evidence, specifically excluding a biomechanical expert’s testimony under NRS 50.275. The Court additionally held that the District Court erred when it ultimately struck the defendant’s answer for violations of the pretrial order precluding defendant from raising a minor or low impact defense.
Nevada Dep’T Of Trans. V. Eighth Judicial Dist. Ct., 132 Nev. Adv. Op. 10 (Feb. 25, 2016), F. Shane Jackson
Nevada Dep’T Of Trans. V. Eighth Judicial Dist. Ct., 132 Nev. Adv. Op. 10 (Feb. 25, 2016), F. Shane Jackson
Nevada Supreme Court Summaries
The Court considered a petition for a writ of mandamus challenging a district court order denying a motion to dismiss. Petitioner Nevada Department of Transportation (“NDOT”) sought dismissal of a professional negligence claim filed against it on grounds that the complaint was not accompanied by an attorney affidavit and expert report as required by NRS 11.258, and when the court denied NDOT’s motion, it filed the instant petition. The Court denied the petition, holding that NDOT is not a design professional under NRS 11.2565(1)(a), and therefore the requirements of NRS 11.258 are inapplicable to NDOT since the action would not …
Golden Road Motor Inn, V. Islam, Et. Al., 132 Nev. Adv. Op. 49 (Jul. 17, 2016), Heather Caliguire
Golden Road Motor Inn, V. Islam, Et. Al., 132 Nev. Adv. Op. 49 (Jul. 17, 2016), Heather Caliguire
Nevada Supreme Court Summaries
The Nevada Supreme Court held that non-compete agreements cannot extend further than what is reasonable and necessary to protect the interests of the employer and cannot create an undue hardship on the employee. It also held that courts may not “blue line” (“blue pencil”) contracts, that is change or delete terms to make the Contract legal. The Court further held that altering player contact information, so long as the information can be restored with minimal disruption to the gaming company does not rise to the level of conversion. Finally, the Court held that a gaming company is not liable for …