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Articles 121 - 150 of 258
Full-Text Articles in Civil Procedure
Summary Of All Star Bail Bonds, Inc. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 45, Sean Daly
Summary Of All Star Bail Bonds, Inc. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 45, Sean Daly
Nevada Supreme Court Summaries
A defendant who left the country voluntarily, but was denied admission upon returning to the country, is considered “excluded,” not “deported,” for purposes of NRS 178.509(1)(b)(5). Furthermore, a district court may not exonerate a bond without a statutory basis for doing so.
Summary Of L.V. Dev. Assocs. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 37, Ryan Becklean
Summary Of L.V. Dev. Assocs. V. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 37, Ryan Becklean
Nevada Supreme Court Summaries
The Court determined whether NRS 50.125 applies to depositions.
Summary Of Dornbach V. Tenth Jud. Dist. Ct., 130 Nev. Adv. Op. 33, Kylee Gloekner
Summary Of Dornbach V. Tenth Jud. Dist. Ct., 130 Nev. Adv. Op. 33, Kylee Gloekner
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether the NRCP 16.1(e) time period begins to run when the defendant appears or answers and (2) whether a district court may consider its own internal delays when justifying a deadline extension.
Summary Of Alcantara V. Wal-Mart Stores, Inc., 130 Nev. Adv. Op. 28, Allison Vitangeli
Summary Of Alcantara V. Wal-Mart Stores, Inc., 130 Nev. Adv. Op. 28, Allison Vitangeli
Nevada Supreme Court Summaries
Whether issue and/or claim preclusion can prevent an heir from asserting a wrongful-death claim under NRS 41.085(4) when the decedent’s estate had previously attempted but failed to succeed on a wrongful death claim under NRS 41.085(5).
Summary Of Huckabay Props., Inc. V. Nc Auto Parts L.L.C., 130 Nev. Adv. Op. 23, Michael Bowman
Summary Of Huckabay Props., Inc. V. Nc Auto Parts L.L.C., 130 Nev. Adv. Op. 23, Michael Bowman
Nevada Supreme Court Summaries
The Court determined three issues: (1) whether precedential uniformity requires a reinstatement of appeals; (2) whether failure to follow court rules is grounds for dismissing a civil appeal; and (3) whether failure to serve each attorney with a motion to dismiss is grounds for en banc reconsideration.
Summary Of Liu V. Christopher Homes, Llc, 130 Nev. Adv. Op. 17, Allison Vitangeli
Summary Of Liu V. Christopher Homes, Llc, 130 Nev. Adv. Op. 17, Allison Vitangeli
Nevada Supreme Court Summaries
The Court clarified two issues: (1) Sandy Valley Associates v. Sky Ranch Estates Owners Association’s and Horgan v. Felton’s effect on the law regarding the recovery of attorney fees as special damages; and (2) the extent to which Horgan retreated from Sandy Valley’s discussion about the grounds for recovering attorney fees as special damages.
Summary Of The Power Co. V. Henry, 130 Nev. Adv. Op. 21, Laura Guidry
Summary Of The Power Co. V. Henry, 130 Nev. Adv. Op. 21, Laura Guidry
Nevada Supreme Court Summaries
The Court determined two issues:1) whether NRCP 41(e)’s provision requiring dismissal for want of prosecution applies to an action in which the parties entered into a written and signed settlement agreement before NRCP 41(e)’s five-year deadline expired; and 2) whether the district court erred in reducing the parties’ settlement agreement to judgment. Summary written by Laura Guidry.
Summary Of Gunderson V. D.R. Horton, Inc., 130 Nev. Adv. Op. 9, Michael Bowman
Summary Of Gunderson V. D.R. Horton, Inc., 130 Nev. Adv. Op. 9, Michael Bowman
Nevada Supreme Court Summaries
The Court determined three issues, whether the district court abused its discretion by: (1) denying a motion for a new trial due to claims of attorney misconduct; (2) not granting sanctions under NCRP 68 and NRS 17.115 ; and/or (3) not considering apportioning sanctions.
Summary Of Recontrust Co. V. Zhang, 130 Nev. Adv. Op. 1, Patrick Opdyke
Summary Of Recontrust Co. V. Zhang, 130 Nev. Adv. Op. 1, Patrick Opdyke
Nevada Supreme Court Summaries
The Court determined whether a district court may consider an equitable subrogation claim upon remand when the district court previously resolved the case on other, later-reversed grounds, and the Supreme Court panel’s orders for remand were silent on the matter.
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 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 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.
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 In Re Citycenter Construction & Lien Master Litigation, 129 Nev. Adv. Op. 70, Michael Paretti
Summary Of In Re Citycenter Construction & Lien Master Litigation, 129 Nev. Adv. Op. 70, Michael Paretti
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether the district court was correct in holding that an amended pleading must be dismissed because it was not filed with an affidavit and expert report required under Nevada law; (2) and whether the entire case must be dismissed or just the amended complaint must be dismissed under the meaning of “action.”
Summary Of Mcknight Family, Llp V. Adept Mgmt. Services, Inc., Et. Al., 129 Nev. Adv. Op. 64, Whitney E. Short
Summary Of Mcknight Family, Llp V. Adept Mgmt. Services, Inc., Et. Al., 129 Nev. Adv. Op. 64, Whitney E. Short
Nevada Supreme Court Summaries
The Court determined three issues: (1) whether the district court had the authority to dismiss the complaint pursuant to NRS 38.310;2 (2) whether the district court erred in dismissing all seven claims (preliminary/permanent injunction, negligence, breach of contract, violation of NAC 116.300,3 violation of NAC 116.341,4 violation of NRS 116.1113 and 116.3103, and slander of title/wrongful foreclosure/quiet title) subject to NRS 38.310; and (3) whether the district court erred in setting aside the default judgment against Design 3.2.
Summary Of Wells Fargo Bank, N.A. V. O’Brien, 129 Nev. Adv. Op. 71, Patrick Opdyke
Summary Of Wells Fargo Bank, N.A. V. O’Brien, 129 Nev. Adv. Op. 71, Patrick Opdyke
Nevada Supreme Court Summaries
The Court determined whether a district court order for judicial review of foreclosure mediation and remanding for further mediation is final and appealable, or whether it is not final and not appealable.
Summary Of Loeb V. First Judicial District Court, 129 Nev. Adv. Op. 62, Casey J. Stiteler
Summary Of Loeb V. First Judicial District Court, 129 Nev. Adv. Op. 62, Casey J. Stiteler
Nevada Supreme Court Summaries
The Court considered a petition for a writ of prohibition or mandamus challenging a district court order denying a motion to serve individual defendants by publication. The question before the court was whether a party residing outside of the United States may be served by publication pursuant to NRCP 4(e)(1)(i) and (iii), rather than under the terms of the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters when the party’s address is known.
Summary Of Vanguard Piping V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 63, Allison Vitangeli
Summary Of Vanguard Piping V. Eighth Jud. Dist. Ct., 129 Nev. Adv. Op. 63, Allison Vitangeli
Nevada Supreme Court Summaries
The Court determined whether NRCP 16.1(a)(1)(D) compels disclosure of all insurance agreements, regardless of whether the primary policy limits exceed the amount of potential liability or whether the policies provide secondary coverage.
Summary Of Bradford V. Eighth Judicial District Court, 129 Nev. Adv. Op. 60, Edward Wynder
Summary Of Bradford V. Eighth Judicial District Court, 129 Nev. Adv. Op. 60, Edward Wynder
Nevada Supreme Court Summaries
The Court considered a petition for a writ of mandamus or prohibition from a Petitioner who failed to timely appeal an adverse judgment.
Summary Of Frei V. Goodsell, 129 Nev. Adv. Op. 43, David Rothenberg
Summary Of Frei V. Goodsell, 129 Nev. Adv. Op. 43, David Rothenberg
Nevada Supreme Court Summaries
Appeal from a district court judgment on a jury verdict in a legal malpractice action claiming issue preclusion and offering extrinsic evidence of intent regarding obligations of a trust. The Court made clear the requirements for issue preclusion and also concluded that a party cannot introduce extrinsic evidence of a testator's intent to create ambiguity or otherwise alter the plain language of the trust. The Court affirmed the district court's judgment.
Summary Of County Of Clark V. Howard Hughes Co., Llc, 129 Nev. Adv. Op. 44, David H. Rigdon
Summary Of County Of Clark V. Howard Hughes Co., Llc, 129 Nev. Adv. Op. 44, David H. Rigdon
Nevada Supreme Court Summaries
Appeal from a district court order denying a motion for change of venue for a petition for judicial review of a State Board of Equalization decision regarding a property tax valuation.
Summary Of Mountain View Recreation, Inc. V. Imperial Commercial Cooking Equipment Co., 129 Nev. Adv. Op. 45, Benjamin Reitz
Summary Of Mountain View Recreation, Inc. V. Imperial Commercial Cooking Equipment Co., 129 Nev. Adv. Op. 45, Benjamin Reitz
Nevada Supreme Court Summaries
Appeal from a district court order granting respondents’ motion to transfer venue from Nye County to Clark County. The Court reversed the district court order, concluding that the district court abused its discretion because it (1) lacked sufficient evidence in the record to support transfer under the doctrine of forum non conveniens; (2) failed to properly analyze the issues under NRS 3.100(2) and past precedent requiring Nevada counties to provide adequate courtroom facilities; and (3) failed to consider the docket congestion in Clark County before reaching its decision.
Summary Of Chapman V. Deutsche Bank Nat'l Trust Co., 129 Nev. Adv. Op. 34, Timothy A. Wiseman
Summary Of Chapman V. Deutsche Bank Nat'l Trust Co., 129 Nev. Adv. Op. 34, Timothy A. Wiseman
Nevada Supreme Court Summaries
The Court considered whether a quiet title action was characterized as in personam, in rem, or quasi in rem. The Court also considered whether an action for unlawful detainer was characterized as in personam, in rem, or quasi in rem.
Summary Of Brown V. Mhc Stagecoach, Llc, 129 Nev. Adv. Op. 37, Katelyn M. Franklin
Summary Of Brown V. Mhc Stagecoach, Llc, 129 Nev. Adv. Op. 37, Katelyn M. Franklin
Nevada Supreme Court Summaries
The Court considered Brown’s appeal from a district court’s order statistically closing her employment discrimination case against MHC Stagecoach LLC (MHC). The Court held that a form order statistically closing a case is not an appealable judgment under Nevada Rule of Appellate Procedure 3A(b)(1).
Summary Of Sylver V. Regents Bank, N.A., 129 Nev. Adv. Op. 30, Kelli Michelle Devaney
Summary Of Sylver V. Regents Bank, N.A., 129 Nev. Adv. Op. 30, Kelli Michelle Devaney
Nevada Supreme Court Summaries
Consolidated appeals from a district court order confirming an arbitration award and an amended judgment and order of sale, in which the Court considered two issues: (1) whether an arbitration awards was obtained through undue means and (2) whether the arbitrator’s refusal to void a loan in the underlying dispute constituted a manifest disregard for the law.
Summary Of Rock Bay, Llc V. Dist. Ct., 129 Nev. Adv. Op. 21, Katelyn J. Cantu
Summary Of Rock Bay, Llc V. Dist. Ct., 129 Nev. Adv. Op. 21, Katelyn J. Cantu
Nevada Supreme Court Summaries
This is an original petition for a writ of prohibition challenging district court orders refusing to quash subpoenas as to Petitioners Rock Bay, LLC and Maybourne, a Nevada Corporation.
Summary Of Stubbs V. Strickland, 129 Nev. Adv. Op. 15, David H. Rigdon
Summary Of Stubbs V. Strickland, 129 Nev. Adv. Op. 15, David H. Rigdon
Nevada Supreme Court Summaries
This is a consolidated appeal from a district court order dismissing an action for anti-SLAPP relief and from a post judgment district court order denying attorney fees and costs.
Summary Of I. Cox Construction Co. V. Ch2 Investments, 129 Nev. Adv. Op. 14, Katelyn M. Franklin
Summary Of I. Cox Construction Co. V. Ch2 Investments, 129 Nev. Adv. Op. 14, Katelyn M. Franklin
Nevada Supreme Court Summaries
The Court considered I. Cox Construction Company, LLC’s (Cox) appeal from a district court’s order releasing Cox’s mechanic’s lien. Cox challenged the district court’s finding that the lien was untimely as clearly erroneous, arguing (1) the court should not have considered the timeliness of the lien in light of parties’ failure to raise the issue in pleadings; and (2) the district court incorrectly relied on Vaughn Materials v. Meadowvale Homes to find the lien untimely.