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Cummings V. Barber, 136 Nev. Adv. Op. 18 (April 2, 2020), Alexis Taitel

Nevada Supreme Court Summaries

No abstract provided.

Jaramillo V. Ramos, 136 Nev. Adv. Op. 17 (Apr. 2, 2020), Jose Tafoya

Nevada Supreme Court Summaries

The Court found a plaintiff is not required to provide expert testimony to survive a defendant’s summary judgment motion when the plaintiff is relying on the res ipsa loquitur statute’s prima facie case of negligence. Rather, plaintiff must only establish facts that entitle it to a rebuttable presumption of negligence under Nevada’s res ipsa loquitur statute. Whether a defendant can rebut the presumption through their own expert testimony or evidence is a question of fact for the jury.

Las Vegas Metropolitan Police Department V. The Center For Investigative Reporting, Inc., A California Nonprofit Organization, 136 Nev. Adv. Opn. No. 15 (2020), Paige Silva

Nevada Supreme Court Summaries

Pursuant to NRS 239.010, the Nevada Public Records Act (NPRA), governmental entities are required to make available to the public, nonconfidential public records that the governmental entity has in its legal custody or control. If a governmental entity denies a request for public records, the person requesting such records may seek a court order to compel production. NRS 239.011(1). If the party requesting such records prevails, that party is entitled to receive attorney fees and costs. NRS 239.011(2).

This case asks whether the requesting party is entitled to receive attorney fees and costs when the parties reach an agreement that …

Reynolds V. Tufenkjian, 136 Nev. Adv. Op. 19 (Apr. 9, 2020), Brittni Tanenbaum

Nevada Supreme Court Summaries

The Court considered whether a party who purchased a judgment debtor’s rights of action could motion the Court to substitute themselves in as the real party in interest and dismiss the appeal. The Court held that only “things in action” that are otherwise assignable may be subject to execution to satisfy a judgment. The Court concluded that tort claims for personal injury—including fraud/intentional misrepresentation and elder exploitation—are generally not assignable. The Court further concluded that tort claims for injury to property and contract-based claims, unless the claims are personal in nature, are generally assignable. Therefore, the Court granted the respondents’ …

In Re: Colman Family Revocable Living Trust, 136 Nev. Adv. Op. 13 (Apr. 2, 2020), Petya Pucci

Nevada Supreme Court Summaries

A second beneficiary is entitled to a property in a trust created by decedent and her former spouse, under NRS 111.781, when (1) the property remained decedent’s separate property throughout the marriage; (2) the spouses have divorced; and (3) there is no evidence that the former spouse had contributed to the purchase of the property or its improvement.

Valdez-Jimenez V. Eighth Jud. Dist. Ct.,136 Nev. Adv. Op. 20 (April 9, 2020), Katrina Weil

Nevada Supreme Court Summaries

The Court determined what process is constitutionally required when a district court sets bail in an amount that the defendant cannot afford, resulting in pretrial detention. The Court found that bail may only be imposed where it is necessary to reasonably ensure the defendant’s appearance at court proceedings or to reasonably protect the community. If a defendant remains in custody after arrest they are (1) entitled to an individualized hearing, where (2) the State must prove by clear and convincing evidence that bail, rather than less restrictive conditions, is necessary to ensure the defendant’s appearance at future court proceedings or …

In Re Raggio Family Trust, 136 Nev. Ad. Op. 21 (Apr. 9, 2020), Aariel Williams

Nevada Supreme Court Summaries

The Court determined that neither the language in the trust instrument nor NRS 163.4175 requires the trustee to consider the beneficiary’s other assets before making distributions from the trust.

State Of Nevada Department Of Employment, Training & Rehabilitation, Employment Security Division V. Sierra National Corporation, D/B/A The Love Ranch, A Nevada Corporation, 136 Nev., Adv. Op. 11 (Mar. 26, 2020), Alexandra Matloff

Nevada Supreme Court Summaries

The Court held that because the records requested by the legal brothel the Love Ranch do not violate the limitations set forth in NRS 612.265, the district court was correct to grant the Love Ranch’s petition for a writ of mandamus.

Cranesbill Tr. V. Wells Fargo Bank, 136 Nev. Adv. Op. 8 (March 5, 2020), Brittney Lehtinen

Nevada Supreme Court Summaries

The Court determined that homeowners may cure defaults as to superpriority portions of HOA liens much like first deed of trust holders; however, failure to explicitly or implicitly direct allocation of payments by either debtors or creditors requires court intervention to decide what is “just and equitable.”

Martinez Guzman V. Second Judicial Dist. Court, 136 Nev. Adv. Op. 12 (Mar. 26, 2020), John Mccormick-Huhn

Nevada Supreme Court Summaries

The Court clarified the ambiguity of the meaning “territorial jurisdiction,” a term of art found in NRS 172.105. The Court held that NRS 172.105 incorporates Nevada’s venue statutes and grants a grand jury the authority to “inquire into a [criminal] offense so long as the district court that empaneled the grand jury may appropriately adjudicate the defendant’s guilt for that particular offense.”

Abrams V. Sanson, 136 Nev. Adv. Op. 9 (Mar. 5, 2020), Anya Lester

Nevada Supreme Court Summaries

The Court determined that statements sent to an email listserv criticizing an attorney’s courtroom conduct were good faith communications regarding a matter of public concern and were protected under the Nevada anti-SLAPP statutes. However, the Court held that Abrams did not show a probability of prevailing on her claims with prima facie evidence as her claims did not exhibit minimal merit.

Berberich V. Bank Of America, 136 Nev. Ad. Op (Mar. 26, 2020), Amelia Mallette

Nevada Supreme Court Summaries

The Supreme Court of Nevada considered whether a quiet title action from a foreclosure sale was barred by NRS 11.080 because Berberich was in possession of the property for five years before commencing the action. The Court held that the limitations period outlined in NRS 11.080 will not run against an owner who is in undisputed possession of the land.

Chur V. Eighth Jud. Dist. Ct., 136 Nev. Adv. Op. 7 (Feb. 27, 2020), Dylan Lawter

Nevada Supreme Court Summaries

Former directors of Lewis & Clark LTC Risk Retention Group, Inc. filed a writ of mandamus in the Nevada Supreme Court, seeking (1) direction concerning the district court’s application of Shoen v. SAC Holding Corp. and (2) relief from that court’s judgment. The directors asserted that gross negligence does not support a viable claim for personal liability under the NRS 78.138. The Commissioner of Insurance for the State of Nevada maintained that gross negligence is an appropriate claim against directors under Shoen. The Court elected to consider the director’s petition for a writ of mandamus, clarified the language in …

Republican Attorneys General Association V. Las Vegas Metropolitan Police Department, 136 Nev. Adv. Op. 3 (Feb. 20, 2020), Nicholas Hagenkord

Nevada Supreme Court Summaries

The Court determined that (1) the district court did not err in denying appellant Republican Attorneys General Association’s (RAGA) petition for a writ of mandamus under the Nevada Public Records Act (NPRA) seeking bodycam footage regarding juveniles and former State Senator Aaron Ford’s interactions with police; and (2) the district court abused its discretion in denying RAGA’s request for other requested records by not assessing whether these records contain any nonconfidential material.

Justice In A Brave New World?, Jean R. Sternlight

Scholarly Works

As science fiction has become reality, we should consider the implications of our new technologies for our system of justice. In addition to DNA, we are now regularly using cameras, geo-tracking, facial recognition software, brain scans, computers, and much more to discern and record our physical and mental surroundings. Existing technology and more we cannot yet imagine will increasingly take the place of often unreliable evidence, such as that provided by eyewitnesses. Yet, we have given far too little thought as to how these advances should impact our civil and criminal dispute resolution systems.

Historically, many justice systems have emphasized …

Brief For New Ways Ministry Et Al. As Amici Curiae Supporting Plaintiff, Koenke V. Saint Joseph University, Leslie C. Griffin

Supreme Court Briefs

No abstract provided.

Brief For Child Usa Et Al. As Amici Curiae Supporting Respondents, Our Lady Of Guadalupe School V. Morrissey-Berru, Leslie C. Griffin

Court Briefs

No abstract provided.

Brief For Miguel H. Diaz Et A. As Amici Curiae Supporting Respondents, Fulton V. City Of Philadelphia, Leslie C. Griffin, Marci A. Hamilton

Supreme Court Briefs

No abstract provided.

Brief For Child Usa Et Al. As Amici Curiae Supporting Respondents, Little Sisters Of The Poor Saints Peter And Paul Home V. Pennsylvania, Leslie C. Griffin

Court Briefs

No abstract provided.

Valentine V. State Of Nevada, 135 Nev. Adv. Op. 62 (Dec. 19, 2019), Riley Coggins

Nevada Supreme Court Summaries

The Court held that evidentiary hearings are appropriate on fair-cross-section challenges when the defendant makes specific allegations that, if true, would be sufficient to constitute a prima facie violation of the state’s fair-cross-section requirement. The Court also briefly discussed appellant’s claims of insufficient evidence and prosecutorial misconduct regarding DNA evidence. The Court found that neither claim warranted a new trial.

Nevada V. Inzunza, 135 Nev. Adv. Op. 69 (Dec. 26, 2019), Christopher Gonzalez

Nevada Supreme Court Summaries

The Court affirmed a pretrial motion to dismiss of an indictment after it determined that the State failed to rebut the presumption of prejudice after an analysis under the Barker-Doggett factors. The Court afforded “the only possible remedy” after it was found that a 26 month delay resulted from the State’s gross negligence and the delay was prejudicial to Inzunza.

High Desert State Prison V. Sanchez, 135 Nev., Adv. Op. 68 (Dec. 26, 2019), Jeff Garrett

Nevada Supreme Court Summaries

NRS § 209.4465 does not allow for good time served to be credited for those who commit child lewdness. The Court held that in order for a violation to be a continuous crime, the statute must be explicitly label the crime as continuous. Here, Respondent’s time served had been properly calculated by the district court because Respondent’s violation was codified as a one-time offense and occurred before the 2007 amendment to NRS § 209.4465. The language of the violated statutes define attempted lewdness with a child to be a one-time offense and not a continuous offense. Furthermore, the State’s assertion …

Vegas United Inv. Series 105 V. Celtic Bank, 135 Nev. Adv. Op. 61 (December 19, 2019), Jordan Gregory Cloward

Nevada Supreme Court Summaries

Nevada Revised Statutes (NRS) Chapter 116 codifies the Uniform Common-Interest Ownership Act and outlines statutory regulations governing common-interest communities in Nevada. NRS Chapter 116 applies generally to all residential property owners’ associations (POAs) but does not automatically apply to nonresidential POAs. Nonresidential POAs may voluntarily elect to incorporate NRS Chapter 116 either in whole or in part. NRS Chapter 116 applies only to nonresidential POAs only to the extent expressly provided for by the incorporated statutory provisions.

Vegas United Investment Series 105, Inc. purchased a nonresidential property at a foreclosure sale pursuant to NRS § 116.3116. The conditions, covenants, and …

Chandra V. Schulte, 135 Nev. Adv. Op. 66 (December 26, 2019), Michael Desmond

Nevada Supreme Court Summaries

The Court determined that (1) the spousal exception bars recovery from the Nevada Real Estate Education, Research and Recovery Fund (“Fund”) for fraud incurred during the period of the marriage and (2) where a spouse co-owned the defrauded property, the surviving spouse may not recover from the Fund.

Poasa V. State, 135 Nev. Adv. Op. 57 (Nov. 27, 2019), Gillian Block

Nevada Supreme Court Summaries

The Court reaffirmed its holding in Kuykendall v. State, interpreting NRS 176.055(1) to require sentencing courts to award credit for time served in presentence confinement.

Teaching With Feminist Judgments: A Global Conversation, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger

Scholarly Works

This conversational-style essay is an exchange among fourteen professors-representing thirteen universities across five countries-with experience teaching with feminist judgments.

Feminist judgments are 'shadow' court decisions rewritten from a feminist perspective, using only the precedent in effect and the facts known at the time of the original decision. Scholars in Canada, England, the U.S., Australia, New Zealand, Scotland, Ireland, India, and Mexico have published (or are currently producing) written collections of feminist judgments that demonstrate how feminist perspectives could have changed the legal reasoning or outcome (or both) in important legal cases.

This essay begins to explore the vast pedagogical potential …

Using General Counsel To Set The Tone For Work In Large Chapter 11 Cases, Nancy B. Rapoport

Scholarly Works

This Essay suggests that one way for the general counsel to help bankruptcy professionals make better staffing and budget decisions is to communicate her values more clearly to those professionals at the beginning of the engagement. In her role as the chief legal officer, the general counsel needs to let the bankruptcy professionals in on her thought processes. How does she watch over her own attorneys' decisions in other types of cases? What expenses does she consider reasonable? If she takes an active role in monitoring her bankruptcy professionals' work, her values (assuming that they're good values) will contribute to …

What Can We Expect Of Law And Religion In 2020, Leslie C. Griffin

Scholarly Works

The United States is in a religion-friendly mood-or at least its three branches of government are. The Supreme Court is turning away from its Free Exercise Clause analysis that currently holds that every religious person must obey the law. At the same time, the Court is rejecting its old Establishment Clause analysis that the government cannot practice or support religion. The old model of separation of church and state is gone, replaced by an ever-growing unity between church and state. This Article examines how much union of church and state this Court might establish.

“Remarkable Influence”: The Unexpected Importance Of Justice Scalia’S Deceptively Unanimous And Contested Majority Opinions, Linda L. Berger, Eric C. Nystrom

Scholarly Works

What constitutes judicial influence and how should it be measured? Curious about the broader role that rhetoric plays in judicial influence over time, we undertook a rhetorical-computational analysis of the 282 majority opinions that Justice Scalia wrote during his 30 years on the Supreme Court. Our analysis is the first to examine the full majority opinion output of a Supreme Court justice using a unique “medium data” approach that combines rhetorical coding with quantitative analysis relying on Shepard’s Citations and LexisNexis headnotes. The resulting study casts doubt on the ability of judicial authors, including Justice Scalia, to control the extent …

A Quarter Century Of International Copyright On Software, Marketa Trimble

Scholarly Works

No abstract provided.