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Summary Of V & S Railway, Llc V. White Pine County And City Of Ely, 125 Nev. Adv. Op. No. 23, James Conway
Summary Of V & S Railway, Llc V. White Pine County And City Of Ely, 125 Nev. Adv. Op. No. 23, James Conway
Nevada Supreme Court Summaries
Appeal from a district court order granting summary judgment in an eminent domain action that held that appellant’s condemnation action was barred, under NRS 334.030, once governmental agency designated a railroad as surplus government property.('v
Summary Of St. James Village, Inc. V. Cunningham, 125 Nev. Adv. Op. No. 21, Ian Houston
Summary Of St. James Village, Inc. V. Cunningham, 125 Nev. Adv. Op. No. 21, Ian Houston
Nevada Supreme Court Summaries
Appeal from a district court’s order denying declaratory relief to a servient estate owner seeking authorization to unilaterally relocate an easement across its property.
Summary Of Mgm Mirage V. Nevada Ins. Guaranty Ass’N., 125 Nev. Adv. Op. No. 22, James Conway
Summary Of Mgm Mirage V. Nevada Ins. Guaranty Ass’N., 125 Nev. Adv. Op. No. 22, James Conway
Nevada Supreme Court Summaries
Appeal from a district court order holding that self-insured employers under Nevada’s Workers’ Compensation Act can not seek reimbursement from the Nevada Insurance Guaranty Association for amounts that should have been paid by appellant’s insolvent excess insurance carrier.
Summary Of Hd Supply Facilities Maint. V. Bymoen, 125 Nev. Adv. Op. No. 20, Casey G. Perkins
Summary Of Hd Supply Facilities Maint. V. Bymoen, 125 Nev. Adv. Op. No. 20, Casey G. Perkins
Nevada Supreme Court Summaries
Certified questions from the United States District Court, District of Nevada, arising from a action by HD Supply Facilities Maint., Ltd. (“HDS”), seeking enforcement of restrictive employment covenants against its former employee, Leif Bymoen (“Bymoen”) and Bymoen’s current employer AZ Partsmaster, Inc. (“AZP”). The questions each relate to whether the Nevada rule, set forth by the Nevada Supreme Court in Traffic Control Servs. v. United Rentals,2 prohibiting the assignment of noncompetition covenants in asset purchase transactions “applies when a successor corporation acquires covenants of noncompetition, nonsolicitation, or confidentiality as a result of a merger.”
Summary Of Ramet V. State, 125 Nev. Adv. Op. No. 19, Tara C. Zimmerman
Summary Of Ramet V. State, 125 Nev. Adv. Op. No. 19, Tara C. Zimmerman
Nevada Supreme Court Summaries
Appellant Daniel Anthony Ramet was convicted of first-degree murder. On appeal, Ramet contended that the testimony concerning his refusal to consent to a search of his home, taken together with the prosecutor’s comment on it, was violative of his Fourth Amendment rights. The Court concluded that the district court erred in allowing testimony and argument regarding Ramet’s invocation of his Fourth Amendment right. However, they further concluded that the error in admitting the statements was harmless. The Court therefore affirmed Ramet’s conviction.Óÿ
Summary Of Hartford Fire Ins. Co.; Hartford Accident & Indem. Co.; & Richardson Constr., Inc. V. Tr. Of The Const. Indus. & Laborers Health & Welfare Trust; Tr. Of The Constr. Indus. & Laborers Joint Pension Trust; & Tr. Of The Constr. Indus. & Laborers Vacation Tru, 125 Nev. Adv. Op. No. 16, Elham Roohani
Nevada Supreme Court Summaries
Acceptance of the Ninth Circuit’s two certified questions: whether trustees must provide notice to recover on (1) payment bonds against surety and (2) against the general contractor.
Summary Of Las Vegas Taxpayer Accountability Comm. V. City Council, 125 Nev. Adv. Op. 17, Cristina Olson
Summary Of Las Vegas Taxpayer Accountability Comm. V. City Council, 125 Nev. Adv. Op. 17, Cristina Olson
Nevada Supreme Court Summaries
Appellants appealed a district court order that allowed the Las Vegas City Council to withhold two measures from a ballot. Appellants said the City Council did not have the authority to withhold the measures because of substantive concerns. Appellants also argued that the measures complied with Nevada statutes governing the content of ballot initiatives.
Summary Of Hannon V. State, 125 Nev. Adv. Op. No. 15, Shannon Rowe
Summary Of Hannon V. State, 125 Nev. Adv. Op. No. 15, Shannon Rowe
Nevada Supreme Court Summaries
The Court took this opportunity to align Nevada’s standard for emergency home entries with the recent Supreme Court opinion in Brigham City v. Stuart.2 The Supreme Court held in that case that for a warrantless entry to be lawful there must be an objectively reasonable basis to believe that a party inside is in danger.3 Accepting this standard eliminates Nevada’s previous test, which allowed courts to look at the law enforcement agent’s lack of intent to arrest or search.
Summary Of Scarbo V. Dist. Ct., 125 Nev. Ad. Op. No. 12, Michelle D. Alarie
Summary Of Scarbo V. Dist. Ct., 125 Nev. Ad. Op. No. 12, Michelle D. Alarie
Nevada Supreme Court Summaries
Consolidated writs for mandamus challenging the district court’s denial of petitioners’ request for full and complete copies of competency examination reports prior to competency hearing.
Summary Of Sims V. Dist. Ct., 125 Nev. Adv. Op. No. 13, Kristopher Zeppenfeld
Summary Of Sims V. Dist. Ct., 125 Nev. Adv. Op. No. 13, Kristopher Zeppenfeld
Nevada Supreme Court Summaries
Petitioners filed writs of mandamus challenging the district court orders denying petitioners’ requests to present evidence during competency hearings.
Summary Of Karcher Firestopping V. Meadow Valley Contr., 125 Nev. Adv. Op. No. 11, Nevada Law Journal
Summary Of Karcher Firestopping V. Meadow Valley Contr., 125 Nev. Adv. Op. No. 11, Nevada Law Journal
Nevada Supreme Court Summaries
Appeal and cross appeal from district court order granting a motion to vacate an arbitration award, referring the matter back to arbitration for further proceedings, and denying a motion to confirm the award.
Summary Of Mack V. Estate Of Mack, 125 Nev. Adv. Op. 9, Julian P. Gregory
Summary Of Mack V. Estate Of Mack, 125 Nev. Adv. Op. 9, Julian P. Gregory
Nevada Supreme Court Summaries
Appeal from a district court nunc pro tunc order memorializing an oral order entered by the former presiding judge in a divorce case.
Summary Of In Re Application Of Shin, 125 Nev. Adv. Op. No. 10, Kendal L. Davis
Summary Of In Re Application Of Shin, 125 Nev. Adv. Op. No. 10, Kendal L. Davis
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Terracon Consultants W., Inc. V. Mandalay Resort Group, 125 Nev. Adv. Op. No. 8, Ian Houston
Summary Of Terracon Consultants W., Inc. V. Mandalay Resort Group, 125 Nev. Adv. Op. No. 8, Ian Houston
Nevada Supreme Court Summaries
Pursuant to Nevada Rule of Appellate Procedure 52, the United States District Court for the District of Nevada, hearing a breach of contract and professional negligence case, certified the following questions regarding the scope of Nevada’s economic loss doctrine: [1] Does the economic loss doctrine apply to contractors who solely provide services in construction defect cases? [2] Does the economic loss doctrine apply in construction defect cases to design professionals, such as engineers and architects, who solely provide services, regardless of whether the services are rendered before or during construction?
Summary Of Foster V. Dingwall, 126 Nev. Adv. Op. 6, Daniel M. Ryan
Summary Of Foster V. Dingwall, 126 Nev. Adv. Op. 6, Daniel M. Ryan
Nevada Supreme Court Summaries
This case pertained to a contracts action. Appellants appealed the district court’s decision to strike the appellants’ pleadings and enter a default judgment against them as a discovery sanction, as well as the district court’s decision to award compensatory damages and attorney and special master fees to the appellees
Summary Of Savage V. Dist. Ct., 125 Nev. Adv. Op. 2, Moorea Katz
Summary Of Savage V. Dist. Ct., 125 Nev. Adv. Op. 2, Moorea Katz
Nevada Supreme Court Summaries
Consolidated petitions for writs of mandamus that challenged district court failures to consider applications pursuant to NRS 484.37941 on their merits.
Summary Of State, Dep’T Of Motor Vehicles V. Terracin, 125 Nev. Adv. Op. No. 4, Timothy Koval
Summary Of State, Dep’T Of Motor Vehicles V. Terracin, 125 Nev. Adv. Op. No. 4, Timothy Koval
Nevada Supreme Court Summaries
Appellant State of Nevada Department of Motor Vehicles (“DMV”) filed consolidated appeals from district court orders granting petitions for judicial review regarding the DMV’s acts of revoking the driving privileges of respondents Tracy Lynn Terracin and Matthew Casey following their convictions for driving under the influence (“DUI”).
Summary Of Garcia V. Scolari’S Food & Drug, 125 Nev. Adv. Op. No. 6, Richard Manhattan
Summary Of Garcia V. Scolari’S Food & Drug, 125 Nev. Adv. Op. No. 6, Richard Manhattan
Nevada Supreme Court Summaries
As a matter of first impression, the Court offered guidance on what constitutes—or rather what does not constitute—good reason for failing to present evidence during an administrative hearing under NRS 233B.131(2). The statute is part of Nevada’s Administrative Procedure Act. In a related matter, the Court affirmed the administrative tribunal’s denial of occupational disease benefits for reasons of insufficient evidence.
Summary Of Stalk V. Mushkin, 125 Nev. Adv. Op. No. 3, Jennifer K. Koonce
Summary Of Stalk V. Mushkin, 125 Nev. Adv. Op. No. 3, Jennifer K. Koonce
Nevada Supreme Court Summaries
Appeal from a district order granting summary judgment for intentional interference with prospective business advantage, intentional interference with contractual relations, and breach of fiduciary duty.
Summary Of Stromberg V. Dist. Ct., 125 Nev. Adv. Op. No. 1, Brandon Johansson
Summary Of Stromberg V. Dist. Ct., 125 Nev. Adv. Op. No. 1, Brandon Johansson
Nevada Supreme Court Summaries
Original petition for a writ of mandamus challenging the district court’s decision to deny petitioner’s request to apply for treatment.
Summary Of Attorney Gen. V. Dist. Ct. (Philip Morris), 125 Nev. Adv. Op. No. 5, Miranda Mahe
Summary Of Attorney Gen. V. Dist. Ct. (Philip Morris), 125 Nev. Adv. Op. No. 5, Miranda Mahe
Nevada Supreme Court Summaries
No abstract provided.