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Articles 211 - 240 of 258
Full-Text Articles in Civil Procedure
Summary Of Barney V. Mt. Rose Heating & Air Conditioning, 124 Nev. Adv. Op. No. 71, Elena Roberts
Summary Of Barney V. Mt. Rose Heating & Air Conditioning, 124 Nev. Adv. Op. No. 71, Elena Roberts
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Torrealba V. Kesmetis, 124 Nev. Adv. Op. No. 10, Barbara Mcdonald
Summary Of Torrealba V. Kesmetis, 124 Nev. Adv. Op. No. 10, Barbara Mcdonald
Nevada Supreme Court Summaries
Appeal from a district court summary judgment in a tort action.
Summary Of Loomis V. Whitehead, 124 Nev. Adv. Op. No. 7, Charles R. Peterson
Summary Of Loomis V. Whitehead, 124 Nev. Adv. Op. No. 7, Charles R. Peterson
Nevada Supreme Court Summaries
Appeal from an order granting partial summary judgment in a contract action. Summary judgment was based on NRS 602.070, barring persons who fail to file a fictitious name certificate from suing on any contract or agreement made under the fictitious name. Nevada Supreme Court (the “Court”) reversed and remanded.
Summary Of Dancer V. Golden Coin, Ltd., 124 Nev. Adv. Op. No.2, Tyler Ure
Summary Of Dancer V. Golden Coin, Ltd., 124 Nev. Adv. Op. No.2, Tyler Ure
Nevada Supreme Court Summaries
Appeal from Eighth Judicial District Court’s order dismissing claims and counterclaims in a labor law dispute.
Summary Of Lioce V. Cohen, 124 Nev. Adv. Op. No. 1, Nevada Law Journal
Summary Of Lioce V. Cohen, 124 Nev. Adv. Op. No. 1, Nevada Law Journal
Nevada Supreme Court Summaries
This is an en banc rehearing of Lioce v. Cohen.1 This case involves the consolidated appeals of four district court orders, two granting new trials because of attorney misconduct and two denying new trials because of attorney misconduct.
Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen
Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen
Nevada Supreme Court Summaries
Appeal for writ of prohibition to determine if a district court can retain jurisdiction over disputes from a settlement agreement between parties, after the district court previously dismissed the case with prejudice.ve-flas
Summary Of Hsu V. County Of Clark, 123 Nev. Adv. Op. No. 60, Diane L. Welch
Summary Of Hsu V. County Of Clark, 123 Nev. Adv. Op. No. 60, Diane L. Welch
Nevada Supreme Court Summaries
This case is an appeal from a district court order, entered on remand, dismissing an inverse condemnation action. While the current appeal was pending, the Nevada Supreme Court decided an intervening case with substantively similar facts which changed Nevada law when analyzing airspace takings.
Summary Of Leven V. Frey, 123 Nev. Adv. Op. No. 40, William Miller
Summary Of Leven V. Frey, 123 Nev. Adv. Op. No. 40, William Miller
Nevada Supreme Court Summaries
This appeal clarifies the procedure and standard for judgment renewal, under NRS 17.214. The Nevada Supreme Court held that an individual must show timely filing of an affidavit, timely recording of the affidavit (if the judgment to be renewed was recorded), and timely service of the affidavit. Furthermore, the statutory language requires strict compliance.
Summary Of Arnold V. Kip, 123 Nev. Adv. Op. No. 41, Barbara Mcdonald
Summary Of Arnold V. Kip, 123 Nev. Adv. Op. No. 41, Barbara Mcdonald
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Clark Cty. Sch. Dist. V. Richardson Constr., 123 Nev. Adv. Op. 39, Danielle Tarmu
Summary Of Clark Cty. Sch. Dist. V. Richardson Constr., 123 Nev. Adv. Op. 39, Danielle Tarmu
Nevada Supreme Court Summaries
Appeal from judgment awarding $225,000 to Richardson Construction and order imposing sanctions upon Clark County School District (hereinafter “CCSD”).
Summary Of Caballero V. Dist. Ct., 123 Nev. Adv. Op. No. 34, Jerald Van Rhyn
Summary Of Caballero V. Dist. Ct., 123 Nev. Adv. Op. No. 34, Jerald Van Rhyn
Nevada Supreme Court Summaries
Petitioner Caballero didn’t speak English and wanted an interpreter for his small claims proceedings. The justice court denied his request on the ground that he wasn’t disabled under NRS 50.050.2 The Supreme Court held that the justice court had an inherent power to allow a volunteer interpreter or appoint one in the alternative if justice demands it. Further, the Supreme Court held that the justice court had an express power of appointment under JCRCP 43(f).3 The Supreme Court therefore issued a write of mandamus ordering the district court’s order vacated and remanding the issue to justice court for consideration.
Summary Of Marcuse V. Del Webb Communities, 123 Nev. Adv. Op. No. 30, Jeremy K. Cooper
Summary Of Marcuse V. Del Webb Communities, 123 Nev. Adv. Op. No. 30, Jeremy K. Cooper
Nevada Supreme Court Summaries
Appeal of a district court’s dismissal of a construction defect class action. Also, appeal from a district court’s denial of appellants’ motion to consolidate their claim and their motion for a separate trial within a class action (first action) and appeal from a district court’s order granting respondent’s motion to dismiss appellant’s pursuit of a second action independent from the class action under the doctrines of res judicata and collateral estoppel (second action). The Nevada Supreme Court affirmed the district court’s dismissal of the class action based on the settlement and reversed the district court’s order granting respondent’s motion to …
Summary Of Nelson V. Heer, 123 Nev. Adv. Op. 26, Shauna Welsh
Summary Of Nelson V. Heer, 123 Nev. Adv. Op. 26, Shauna Welsh
Nevada Supreme Court Summaries
Review of district court’s order denying a motion for judgment as a matter of law based on the statutory interpretation of N.R.S. Chapter 113, which governs the sale of real property.
Summary Of Callie V. Bowling, 123 Nev. Adv. Op. No. 22, Bret Meich
Summary Of Callie V. Bowling, 123 Nev. Adv. Op. No. 22, Bret Meich
Nevada Supreme Court Summaries
The court considered whether a judgment creditor in a domesticated foreign judgment may add a nonparty to a final judgment, under the alter ego doctrine, simply by moving to amend the judgment. The court held that such a procedure violates the due process rights of the nonparty whom the creditor seeks to add. To observe the requisite attributes of due process, a judgment creditor who wishes to assert an alter ego claim must do so in an independent action against the alleged alter ego.
Summary Of Schmidt V. Washoe County, 123 Nev. Adv. Op. No. 16, Matthew H. Engle
Summary Of Schmidt V. Washoe County, 123 Nev. Adv. Op. No. 16, Matthew H. Engle
Nevada Supreme Court Summaries
Gary R. Schmidt raised six alleging violation of Nevada’s Open Meeting Law, NRS § 241 et seq. The first four stemmed from a Washoe County Board of Commissioners (“WCBC”) meeting on January 11, 2005. First, that the WCBC violated the Open Meeting Law by “pulling” a lobbying contract from its agenda. Second, that WCBC violated the law when it allegedly deliberated on whether to remove the lobbying contract item from its agenda. Third, that WCBC improperly reduced his allotment of time to speak on the lobbying contract. Fourth, that WCBC improperly refused to read into the record letters written by …
Summary Of Edwards V. Ghandour, 123 Nev. Adv. Op. No. 14, Jennifer Arias
Summary Of Edwards V. Ghandour, 123 Nev. Adv. Op. No. 14, Jennifer Arias
Nevada Supreme Court Summaries
On October 22, 1998, Edwards and two of his business partners filed their original complaint. In the complaint, Edwards and his partners alleged they were fraudulently induced into leasing restaurant space and brought claims against eleven defendants. While counsel initially represented Edwards and his partners, the lawyer was forced to withdraw, after being disbarred. In his amended complaint, Edwards, who was not authorized to practice law, named, on their behalf, both business partners. In fact, Edwards named one partner who wished to be removed. The district court ruled that the amended complaint would relate solely to Edwards and removed the …
Summary Of Monroe V. Columbia Sunrise Hospital And Medical Center, 123 Nev. Adv. Op. 13, Ryan Andrus
Summary Of Monroe V. Columbia Sunrise Hospital And Medical Center, 123 Nev. Adv. Op. 13, Ryan Andrus
Nevada Supreme Court Summaries
Appellant Monroe appeals from the Eighth Judicial District Court’s grant of dismissal pursuant to NRCP 41(e). Monroe brought claims on behalf of herself and her son James.
Summary Of Francesca Bero-Wachs V. The Law Office Of Logar And Pulver, 123 Nev. Adv. Op. 10, Judy Carol Cox
Summary Of Francesca Bero-Wachs V. The Law Office Of Logar And Pulver, 123 Nev. Adv. Op. 10, Judy Carol Cox
Nevada Supreme Court Summaries
Appellant Bero-Wachs appeals from a district court order upholding her attorney’s lien which attached her IRA accounts and included accountant fees. Respondent Lograr petitions for a writ of mandamus, seeking a declaration that Bero-Wachs’ alimony award is attachable to his attorney’s lien.
Summary Of Washoe Med. Ctr. V. Dist. Ct., 122 Nev. Adv. Op. No. 110, Aubree Nielsen
Summary Of Washoe Med. Ctr. V. Dist. Ct., 122 Nev. Adv. Op. No. 110, Aubree Nielsen
Nevada Supreme Court Summaries
An appeal involving an issue of first impression – whether a plaintiff in a medical malpractice action may amend her complaint, under NRCP 15(a), to comply with NRS 41A.071, which requires that complaints for medical malpractice be accompanied by a medical expert affidavit.
Summary Of Millen V. Dist. Ct., Nev. Adv. Op. No. 105, Sherry Moore
Summary Of Millen V. Dist. Ct., Nev. Adv. Op. No. 105, Sherry Moore
Nevada Supreme Court Summaries
The district court judge disqualified petitioner’s counsel because petitioner’s counsel was on the judge’s recusal list. Petitioner filed a writ of mandamus to prevent the district court judge’s disqualification of her attorney from representing her at trial.
Summary Of Rocker V. Kpmg Llp, 122 Nev. Adv. Op. No. 101, 148 P.3d 703, Matt Lay
Summary Of Rocker V. Kpmg Llp, 122 Nev. Adv. Op. No. 101, 148 P.3d 703, Matt Lay
Nevada Supreme Court Summaries
Appeal from an order of the Eighth Judicial District Court, State of Nevada, granting motion to dismiss for lack of personal jurisdiction and failure to plead with particularity.
Summary Of Brent G. Theobald Constr. V. Richardson Constr., 122 Nev. Adv. Op. 98, Michelle L'Hommedieu
Summary Of Brent G. Theobald Constr. V. Richardson Constr., 122 Nev. Adv. Op. 98, Michelle L'Hommedieu
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Winston Products Co. V. Deboer, 122 Nev. Adv. Op. 4, Dustin Howell
Summary Of Winston Products Co. V. Deboer, 122 Nev. Adv. Op. 4, Dustin Howell
Nevada Supreme Court Summaries
This case examines “the method used to compute the time for filing motions for judgment as a matter of law and for a new trial and the tolling period to file a notice of appeal when these motions are served by mail or electronic means.”2 This case also addresses the issue of whether tolling motions also toll the time to appeal from a post-judgment order awarding attorney fees and costs.
Summary Of Mccrary V. Bianco, 122 Nev. Adv. Op. 10, Eunice Kasiske
Summary Of Mccrary V. Bianco, 122 Nev. Adv. Op. 10, Eunice Kasiske
Nevada Supreme Court Summaries
Thomas and Rebecca McCrary (“McCrary”) appealed from a post-verdict district court order awarding attorney fees based upon the cost shifting provisions of NRCP 68 and NRS 17.115. Dominic Bianco (“Bianco”) cross-appealed from the denial of its motion for partial satisfaction of judgment. McCrary unsuccessfully argued that the district court erred in its failure to consider pre-offer attorney fees and costs as part of its determination of the total judgment for cost-shifting purposes. McCrary successfully argued that the district court erred in not including pre-offer prejudgment interest in its comparison between the total amount awarded and the offer of judgment, for …
Summary Of International Game Tech. V. Dist. Ct., 122 Nev. Adv. Op. No. 13, Krystal Gallagher
Summary Of International Game Tech. V. Dist. Ct., 122 Nev. Adv. Op. No. 13, Krystal Gallagher
Nevada Supreme Court Summaries
Petitioner, Nevada’s Attorney General, appeals from the district courts’ refusals to dismiss actions brought under Nevada’s False Claims Act (“FCA”) by respondents, James McAndrews and Beeler, Schad & Diamond, P.C. Nevada permits individuals to become private attorneys general, which grants individuals the right to sue on behalf of the state. This individual is known as a quitam plaintiff. After filing an action, the quitam plaintiff must send the Attorney General a copy of the complaint and a written disclosure of all material information, and then the complaint is sealed. The complaint remains sealed and the defendants are not served until …
Summary Of Koller V. State, 122 Nev. Adv. Op. 20, Amy S. Scarborough
Summary Of Koller V. State, 122 Nev. Adv. Op. 20, Amy S. Scarborough
Nevada Supreme Court Summaries
Appeal from a writ of prohibition granted by the Third Judicial District Court, State of Nevada.
Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni
Summary Of Nelson V. Heer, 121 Nev. Adv. Op. 81, Denise Balboni
Nevada Supreme Court Summaries
Motion to support a stay pending an appeal by security other than a supersedeas bond.
Summary Of Wood V. Safeway, Inc., 121 Nev. Adv. Op. 73, Michael Shalmy
Summary Of Wood V. Safeway, Inc., 121 Nev. Adv. Op. 73, Michael Shalmy
Nevada Supreme Court Summaries
A mentally handicapped female working for Safeway Stores, Inc. was sexually assaulted at work by an employee of a company that provided janitorial services for Safeway. The assaults occurred in a storage room and in the parking lot while she was gathering shopping carts. She filed a complaint against Safeway and the janitorial company, Action Cleaning, alleging five causes of action as a result of the sexual assault. The district court granted summary judgment in favor of Safeway, determining that Safeway was immune from suit because of coverage provided by the Nevada Industrial Insurance Act (the “NIIA”). The district court …
Summary Of Whealon V. Sterling, 121 Nev. Adv. Op. 66, Jarrod Rickard
Summary Of Whealon V. Sterling, 121 Nev. Adv. Op. 66, Jarrod Rickard
Nevada Supreme Court Summaries
Appellant agent sought review of a summary judgment from the Eighth Judicial District Court, which ruled in favor of respondent entertainer in a contract dispute.
Summary Of Szydel V. Markman, 121 Nev. Adv. Op. 47, Hagar Labouz
Summary Of Szydel V. Markman, 121 Nev. Adv. Op. 47, Hagar Labouz
Nevada Supreme Court Summaries
Appellant Szydel brought a medical malpractice claim against Dr. Markman after he left a surgical needle inside her breast following a surgical procedure. Szydel and her husband filed a malpractice claim in district court and Dr. Markman moved to dismiss because the complaint was not accompanied by a medical expert’s affidavit, as required by statute. Szydel claimed that her action was filed under Nevada’s res ipsa loquitur statute and thus did not require a medical expert’s affidavit.