Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 105
Full-Text Articles in Law
Summary Of Taylor V. Nev. Dept. Of Health And Human Servs., 129 Nev. Adv. Op. 99, Whitney E. Short
Summary Of Taylor V. Nev. Dept. Of Health And Human Servs., 129 Nev. Adv. Op. 99, Whitney E. Short
Nevada Supreme Court Summaries
The Court determined one issue: whether it is within a hearing officer’s duty to determine the appropriate level of discipline and impose that determination.
Summary Of Lytle V. Rosemere Estate Prop. Owners, 129 Nev. Adv. Op. 98, Allison Vitangeli
Summary Of Lytle V. Rosemere Estate Prop. Owners, 129 Nev. Adv. Op. 98, Allison Vitangeli
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether an NRCP 59(e) motion to alter or amend may be properly directed at a post-judgment order or whether that rule is limited to final judgments; and (2) whether NRAP 4(a)(4) tolling applied to the appellants’ NRCP 59(e) motion.
Summary Of Dogra V. Liles, 129 Nev. Adv. Op. 100, Jeff Scarborough
Summary Of Dogra V. Liles, 129 Nev. Adv. Op. 100, Jeff Scarborough
Nevada Supreme Court Summaries
The Court determined three issues: (1) whether a nonresident defendant is subject to personal jurisdiction in Nevada when the sole basis asserted is her adult child’s unilateral act of driving the defendant’s vehicle in Nevada; (2) whether a defendant’s filing of a motion to consolidate in a Nevada court waived her right to object to the court’s exercise of personal jurisdiction over her; and (3) whether an interpleader action filed by a defendant’s car insurance company subjects its insured to personal jurisdiction in Nevada.
Summary Of In Re Nilsson, 129 Nev. Adv. Op. 101, Keivan Roebuck
Summary Of In Re Nilsson, 129 Nev. Adv. Op. 101, Keivan Roebuck
Nevada Supreme Court Summaries
The Court determined whether a debtor may claim Nevada’s homestead exemption when he does not reside on the property but his minor children do.
Summary Of State V. Kincade, 129 Nev. Adv. Op. 102, Shaina Plaksin
Summary Of State V. Kincade, 129 Nev. Adv. Op. 102, Shaina Plaksin
Nevada Supreme Court Summaries
The Court determined whether the district court properly excluded evidence seized pursuant to a search warrant that did not comply with NRS 179.045(5) because it failed to include either a statement of probable cause or the affidavit upon which probable cause was based.
Summary Of In Re Aboud Inter Vivos Trust, 129 Nev. Adv. Op. 97, Emily Anderson
Summary Of In Re Aboud Inter Vivos Trust, 129 Nev. Adv. Op. 97, Emily Anderson
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether NRS 164.010(1) and NRS 164.015(6) give the court in rem jurisdiction to impose a constructive trust on previous trust property; and (2) whether a district court may grant a monetary judgment against former trustees and third parties that was based on the district court’s in rem jurisdiction.
Summary Of County Of Clark V. Lb Properties, Inc., 129 Nev. Adv. Op. 96, Lee Gorlin
Summary Of County Of Clark V. Lb Properties, Inc., 129 Nev. Adv. Op. 96, Lee Gorlin
Nevada Supreme Court Summaries
The Court determined whether a regulation promulgated by the Nevada Tax Commission to value remainder parcels of real property for tax abatement purposes applies retroactively, and if so, whether it violates Article 10, Section 1 of the Nevada Constitution.
Summary Of Carrigan V. Nevada Comm’N On Ethics, 129 Nev. Adv. Op. 95, Edward Wynder
Summary Of Carrigan V. Nevada Comm’N On Ethics, 129 Nev. Adv. Op. 95, Edward Wynder
Nevada Supreme Court Summaries
Upon remand from the U.S. Supreme Court, the Supreme Court of Nevada reviewed de novo two issues regarding the Nevada Commission on Ethic’s censure of a city councilmember: (1) whether a recusal provision in the Nevada Ethics in Government Act (NRS 281A.420 ) was void for vagueness and (2) whether it violated public officers’ constitutional right to associate .
Summary Of Aspen Financial Services, Inc. V. Eighth Jud. Dist. Ct., 129 Nev. Ad. Op. 93, Casey J. Stiteler
Summary Of Aspen Financial Services, Inc. V. Eighth Jud. Dist. Ct., 129 Nev. Ad. Op. 93, Casey J. Stiteler
Nevada Supreme Court Summaries
The question before the Court was whether the district court properly quashed a subpoena based on an assertion of protection under Nevada’s news shield statute, NRS 49.275. The court determined: (1) whether a request for protection under NRS 49.275 may be raised in a motion to quash without a supporting affidavit; (2) whether the requested information, which sought the identities of a reporter’s sources, was protected by Nevada’s news shield privilege; and (3) whether petitioners overcame the news shield privilege.
Summary Of In Re Estate Of Bethurem, 129 Nev. Adv. Op. 92, Erica C. Smit
Summary Of In Re Estate Of Bethurem, 129 Nev. Adv. Op. 92, Erica C. Smit
Nevada Supreme Court Summaries
The Court determined one issue: (1) whether, in the absence of a presumption of undue influence, a will contestant bears the burden of proving undue influence by a preponderance of the evidence.
Summary Of Perez V. State, 129 Nev. Adv. Op. 90, Collin Jayne
Summary Of Perez V. State, 129 Nev. Adv. Op. 90, Collin Jayne
Nevada Supreme Court Summaries
The Court determined the admissibility of expert testimony on “grooming behavior” by accused sexual offenders and the effect that this behavior has on child victims.
Summary Of Clancy V. State, 129 Nev. Adv. Op. 89, Jim Hoffman
Summary Of Clancy V. State, 129 Nev. Adv. Op. 89, Jim Hoffman
Nevada Supreme Court Summaries
A three-judge panel of the Court considered three questions: (1) whether NRS 484E.010-030 require actual knowledge that an accident has occurred, or whether constructive knowledge is sufficient; (2) whether the definition of “involved in an accident” in the same statute is unconstitutionally vague or ambiguous; and (3) whether the evidence in this case was sufficient to support the guilty verdict handed down in the lower court.
Summary Of Clay V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 91, Joseph Peacock
Summary Of Clay V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 91, Joseph Peacock
Nevada Supreme Court Summaries
The Court determined one issue: whether NRS 62H.170(2)(c) or NRS 62H.170(3) permits the State to inspect a defendant’s sealed juvenile record to obtain information for use against that defendant in a subsequent criminal prosecution.
Summary Of Watters V. State, 129 Nev. Adv. Op. 94, Brian Vasek
Summary Of Watters V. State, 129 Nev. Adv. Op. 94, Brian Vasek
Nevada Supreme Court Summaries
The Court determined whether the prosecution’s use of a PowerPoint slide during opening statement with the defendant’s booking photo and the word “guilty” superimposed across the photo was improper advocacy and undermined the defendant’s presumption of innocence.
Summary Of Pub. Emps.’ Ret. Sys. Of Nev. V. Reno Newspapers, Inc., 129 Nev. Adv. Op. 88, Ryan Becklean
Summary Of Pub. Emps.’ Ret. Sys. Of Nev. V. Reno Newspapers, Inc., 129 Nev. Adv. Op. 88, Ryan Becklean
Nevada Supreme Court Summaries
The Court determined whether the confidentiality set forth in NRS 286.110(3) applies to individual files of retired employees maintained by the Public Employees’ Retirement System of Nevada (“PERS”).
Summary Of Sandpointe Apts. V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 87, Danielle Barraza
Summary Of Sandpointe Apts. V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 87, Danielle Barraza
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether NRS 40.459(1)(c) is a new statute that impacts vested rights; and (2) whether, pursuant to the language in Assembly Bill 273 (“A.B. 273”) regarding the effective date of NRS 40.459(1)(c), the statute may apply retroactively.
Summary Of Lvmpd V. Yeghiazarian, 129 Nev. Adv. Op. 81, Kelsey Bernstein
Summary Of Lvmpd V. Yeghiazarian, 129 Nev. Adv. Op. 81, Kelsey Bernstein
Nevada Supreme Court Summaries
The Court decided four issues: (1) Whether a deceased’s blood alcohol content (BAC) may be submitted to show his comparative negligence in a wrongful death action; (2) whether a district court abuses its discretion by allowing an expert to testify based on an allegedly unreliable report; (3) whether a jury’s damages award should be reduced based on comparative negligence before or after imposing a statutory damage cap; and (4) whether awards for attorney fees may include charges for nonattorney staff.
Summary Of Brooksby V. Nev. State Bank, 129 Nev. Adv. Op. 82, Michael Bowman
Summary Of Brooksby V. Nev. State Bank, 129 Nev. Adv. Op. 82, Michael Bowman
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether a judgment creditor may garnish a nondebtor’s funds in bank accounts held jointly with a judgment debtor; and (2) whether NRS 31.070 imposes an absolute deadline for making a third-party claim, thereby precluding the district court from having jurisdiction.
Summary Of Humphries V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 85, Sean Daly
Summary Of Humphries V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 85, Sean Daly
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether relief through a writ of mandamus was appropriate for the petitioners, Humphries and Rocha, and (2) whether Ferrell, a non-party cotortfeasor, was a necessary party under NRCP 19(a).
Summary Of Otak Nev., Llc V. Eighth Jud. Dist. Ct., 127 Nev. Adv. Op. No. 53, Jason Wallace
Summary Of Otak Nev., Llc V. Eighth Jud. Dist. Ct., 127 Nev. Adv. Op. No. 53, Jason Wallace
Nevada Supreme Court Summaries
The Court was presented with two questions: “(1) If a defendant settles in good faith does NRS 17.245(1)(b) bar "de facto" claims for contribution and/or equitable indemnity?; and (2) Are the contractor's third-party claims in this matter considered "de facto" contribution and/or equitable indemnity claims that may be barred under NRS 17.245(1)(b)?”
Summary Of State, Dep't Of Taxation V. Masco Builder, 127 Nev. Adv. Op. 66, Rami Hernandez
Summary Of State, Dep't Of Taxation V. Masco Builder, 127 Nev. Adv. Op. 66, Rami Hernandez
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether a taxpayer may seek interest on an overpayment of taxes under NRS § 360.2937 after initially failing to affirmatively request such interest; and (2) whether the Department of Taxation may withhold interest on tax refunds while determining whether a taxpayer’s overpayment was intentional or careless.
Summary Of Elizondo V. Hood Mach., Inc., 129 Nev. Adv. Op. 84, Jennifer Cutshall
Summary Of Elizondo V. Hood Mach., Inc., 129 Nev. Adv. Op. 84, Jennifer Cutshall
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether an appeals officer’s conclusory order in a workers’ compensation matter failed to meet the statutory requirements of NRS 233B.125; and (2) whether the doctrines of claim and issue preclusion apply to require dismissal of a fourth request to reopen an industrial injury claim under NRS 616C.390.
Summary Of State V. Lloyd, 129 Nev. Adv. Op. 79, Jim Hoffman
Summary Of State V. Lloyd, 129 Nev. Adv. Op. 79, Jim Hoffman
Nevada Supreme Court Summaries
The Court considers an appeal from a district court order granting the defendant’s motion to suppress evidence based on a warrantless automobile search. The Court considers one issue: whether Article I, Section 18 of the Nevada Constitution imposes an exigency requirement on officers conducting warrantless vehicle searches, or whether officers need only have probable cause.
Wynn Las Vegas, L.L.C. V. Baldonado, Nevada Law Journal
Wynn Las Vegas, L.L.C. V. Baldonado, Nevada Law Journal
Nevada Supreme Court Summaries
The Court determined one issue: whether Nevada law (NRS Chapter 608) allows employers to require employees to pool their tips with other employees of a different rank.
Summary Of Stilwell V. City Of North Las Vegas And City Of Boulder City, 129 Nev. Adv. Op. 76, Kylee Gloeckner
Summary Of Stilwell V. City Of North Las Vegas And City Of Boulder City, 129 Nev. Adv. Op. 76, Kylee Gloeckner
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether the district court’s appellate jurisdiction is final for cases that originate in the municipal courts; and (2) whether NRS 176.115 creates an additional right of appeal for a defendant who has already been given an opportunity to appeal and who has been unsuccessful.
Summary Of Civil Rights For Seniors V. Admin. Office Of The Courts, 129 Nev. Adv. Op. 80, Collin Jayne
Summary Of Civil Rights For Seniors V. Admin. Office Of The Courts, 129 Nev. Adv. Op. 80, Collin Jayne
Nevada Supreme Court Summaries
The Court determined two issues: (1) the scope of public access to records maintained by the Administration of the Courts (AOC); and (2) whether documents related to the Foreclosure Mediation Program (FMP) are confidential as a matter of law.
Summary Of Blanco V. Blanco, 129 Nev. Adv. Op. 77, Lee Gorlin
Summary Of Blanco V. Blanco, 129 Nev. Adv. Op. 77, Lee Gorlin
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether a district court may grant a default judgment regarding child custody and child support without violating statutory law; and (2) whether a district court in divorce proceedings may grant a case-concluding default judgment regarding issues other than child custody or support, such as property division, spousal support, or attorney’s fees.
State Of Trujillo V. State, 129 Nev. Adv. Op. 78, Laura Guidry
State Of Trujillo V. State, 129 Nev. Adv. Op. 78, Laura Guidry
Nevada Supreme Court Summaries
The Court determined issues: (1) whether the common law writ of coram nobis may be used in Nevada; and (2) whether a petitioner may use the writ of coram nobis to seek relief of judgment from his guilty plea to a felony when his counsel failed to warn him of the immigration implications of the plea.
Summary Of Newmar Corp. V. Mccrary, 129 Nev. Adv. Op. 67, Shaina Plaksin
Summary Of Newmar Corp. V. Mccrary, 129 Nev. Adv. Op. 67, Shaina Plaksin
Nevada Supreme Court Summaries
The Court determined whether a purchaser of a motor home may revoke acceptance and recover the purchase price from the motor home’s manufacturer under the Uniform Commercial Code (UCC).
Summary Of In Re Steven Daniel P., 129 Nev. Adv. Op. 73, Geordan G. Logan
Summary Of In Re Steven Daniel P., 129 Nev. Adv. Op. 73, Geordan G. Logan
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether the juvenile court has authority under NRS 62C.230(1)(a) to dismiss a delinquency petition and refer a juvenile for informal supervision pursuant to NRS 62C.200 without the written approval of the district attorney; and (2) whether the juvenile court's discretion in overseeing a juvenile matter is limited by the authority granted under the Nevada Revised Statutes.