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Articles 31 - 60 of 73
Full-Text Articles in Contracts
Summary Of Schleining V. Cap One, Inc., 130 Nev. Adv. Op. 36, Laura Guidry
Summary Of Schleining V. Cap One, Inc., 130 Nev. Adv. Op. 36, Laura Guidry
Nevada Supreme Court Summaries
The Court determined two issues: 1) whether NRS 40.453 invalidates a guarantor’s contractual waiver of the statutory right to be mailed a notice of default and 2) whether NRS 107.095 requires strict or substantial compliance by lenders giving notice of default, and if substantial compliance is sufficient, whether there was substantial compliance in this case.
Summary Of Progressive Gulf Ins. Co. V. Faehnrich, 130 Nev. Adv. Op. 19, Jeffrey Pike
Summary Of Progressive Gulf Ins. Co. V. Faehnrich, 130 Nev. Adv. Op. 19, Jeffrey Pike
Nevada Supreme Court Summaries
The Court determined whether Nevada public policy precludes giving effect to a choice-of-law provision in an insurance contract made by parties residing outside Nevada that would deny Nevada residents injured in Nevada recovery under NRS 485.3091.
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 Khan V. Bakhsh, 129 Nev. Adv. Op. 57, Sara Stephan
Summary Of Khan V. Bakhsh, 129 Nev. Adv. Op. 57, Sara Stephan
Nevada Supreme Court Summaries
Appeal of the district court’s order excluding the use of extrinsic evidence under the statute of frauds. The Court held that the statute of frauds does not apply to a writing that is subsequently lost or destroyed, and oral evidence is admissible to prove the existence and terms of that lost or destroyed writing. The Court reversed and remanded the lower court’s decision for further proceedings.
Summary Of Galardi V. Naples Polaris, Llc, 129 Nev. Adv. Op. 33, A. J. Hames
Summary Of Galardi V. Naples Polaris, Llc, 129 Nev. Adv. Op. 33, A. J. Hames
Nevada Supreme Court Summaries
This dispute arose out of a written option contract. Under the contract, respondent Naples Polaris (Naples) had the right to purchase Las Vegas real property from appellants Jack Galardi and Birdie, LLC (together, Galardi), for $8 million “cash.” The property was subject to a deed of trust securing approximately $1.3 million in debt. The issue was whether the option contract required Galardi to deliver clear title, or whether Naples would take title subject to the $1.3 million debt. Trade usage and industry custom were used to interpret the contract, even though it was unambiguous.
Summary Of Holcomb Condo. Hoa V. Stewart Venture, 129 Nev. Adv. Op. No. 18, Drew Wheaton
Summary Of Holcomb Condo. Hoa V. Stewart Venture, 129 Nev. Adv. Op. No. 18, Drew Wheaton
Nevada Supreme Court Summaries
The Court considered whether statutory limitation periods for constructional defects may be contractually modified by parties to residential unit purchase agreements. The Court examined if the district court’s dismissal of Holcomb Condominium Homeowners’ Association’s (HCHA) negligence-based claims was proper under NRS 116.4116. The Court also analyzed if a contractual reduction of the six-year limitations period of a warranty claim, as found within an arbitration agreement attached to and incorporated by a purchase contract, satisfied the “separate instrument” requirement of NRS 116.4116. Lastly, the Court looked at whether the district court erred in denying HCHA’s repeated requests to amend its complaint.
Summary Of Grisham V. Grisham, 128 Nev. Adv. Op. 60, Timothy A. Wiseman
Summary Of Grisham V. Grisham, 128 Nev. Adv. Op. 60, Timothy A. Wiseman
Nevada Supreme Court Summaries
The court considered whether a written, but unsigned property settlement agreement draft, which had been entered into evidence, can be considered binding.
Summary Of United Rentals Highway V. Wells Cargo, 128 Nev. Adv. Op. 59, Joseph Sakai
Summary Of United Rentals Highway V. Wells Cargo, 128 Nev. Adv. Op. 59, Joseph Sakai
Nevada Supreme Court Summaries
An appeal regarding contract language’s effect on an indemnitor’s duty to indemnify and defend an indemnitee in a personal injury action where the language provides that indemnification will occur “to the extent” that any injury or damage is “caused” by the indemintor.
Summary Of Certified Fire Protection, Inc. V. Precision Construction, Inc., Et. Al., 128 Nev. Adv. Op. No. 35, Travis Akin
Summary Of Certified Fire Protection, Inc. V. Precision Construction, Inc., Et. Al., 128 Nev. Adv. Op. No. 35, Travis Akin
Nevada Supreme Court Summaries
Consolidated appeal from a district court judgment on partial findings and an appeal and cross-appeal from a post-judgment order awarding costs and denying a motion for attorney fees.
Summary Of Road & Highway Builders, Llc. V. Northern Nevada Rebar, Inc., 128 Nev. Adv. Op. No. 36, Matthew Vantusko
Summary Of Road & Highway Builders, Llc. V. Northern Nevada Rebar, Inc., 128 Nev. Adv. Op. No. 36, Matthew Vantusko
Nevada Supreme Court Summaries
This is a consolidated appeal in a contract action from a district court judgment on a jury verdict, and an order by the district court denying a new trial. The Court addressed whether a fraudulent inducement claim is available when the language of the underlying contract contradicts the required elements of the inducement claim; the propriety of compensatory damages awarded by the jury for lost profits in a contract claim; and the availability of punitive damages without a finding of fraud.
Summary Of Rolf Jensen & Assoc., Inc. V. Eighth Judicial Dist. Ct., 128 Nev. Adv. Op. 42, Amanda Ireland
Summary Of Rolf Jensen & Assoc., Inc. V. Eighth Judicial Dist. Ct., 128 Nev. Adv. Op. 42, Amanda Ireland
Nevada Supreme Court Summaries
On petition for writ of mandamus challenging a denial of summary judgment, the Court considered whether the Americans with Disabilities Act (ADA) preempts state law claims for indemnification brought by an admitted violator of the ADA.
Summary Of Schettler V. Ralron Capital Corp., 128 Nev. Adv. Op. No. 20, Jason L. Deforest
Summary Of Schettler V. Ralron Capital Corp., 128 Nev. Adv. Op. No. 20, Jason L. Deforest
Nevada Supreme Court Summaries
The Court considered whether the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) divests a court of jurisdiction to consider any defenses or affirmative defenses not first adjudicated through FIRREA’s claims process. The Court also considered, as a matter of first impression, whether FIRREA’s jurisdictional bar extends to successors in interest to the Federal Deposit Insurance Corporation (FDIC).
Summary Of Finkel V. Cashman Professional, Inc., 128 Nev. Adv. Op. No. 6, Travis Akin
Summary Of Finkel V. Cashman Professional, Inc., 128 Nev. Adv. Op. No. 6, Travis Akin
Nevada Supreme Court Summaries
The court considered consolidated appeals from two district court orders in a contract action, the first granting a preliminary injunction and the second refusing to dissolve the preliminary injunction.
Summary Of Fourth St. Place V. Travelers Indem. Co., 127 Nev. Adv. Op. 86, Daniella Labounty
Summary Of Fourth St. Place V. Travelers Indem. Co., 127 Nev. Adv. Op. 86, Daniella Labounty
Nevada Supreme Court Summaries
The Court reviewed a district court grant of summary judgment in favor of the insurer in an insurance coverage action.
Summary Of Pacificare Of Nev., Inc. V. Rogers, 127 Nev. Adv. Op. 71, Jason Deforest
Summary Of Pacificare Of Nev., Inc. V. Rogers, 127 Nev. Adv. Op. 71, Jason Deforest
Nevada Supreme Court Summaries
An appeal from a district court order denying a motion to compel arbitration in a tort and contract action.
Summary Of Dynalectric Co. Of Nev. V. Clark & Sullivan Constructors, Inc., 127 Nev. Adv. Op. No. 41, Brian L. Blaylock
Summary Of Dynalectric Co. Of Nev. V. Clark & Sullivan Constructors, Inc., 127 Nev. Adv. Op. No. 41, Brian L. Blaylock
Nevada Supreme Court Summaries
An appeal from an Eighth Judicial District Court judgment awarding expectation damages to Clark & Sullivan Constructors, Inc. (“C&S”) for its promissory estoppel claim against Dynalectric Co. of Nevada (“Dynalectric”).
Summary Of Reyburn Lawn & Landscape Designers, Inc. V. Plaster Dev. Co., 127 Nev. Adv. Op. No. 26, Meredith Still
Summary Of Reyburn Lawn & Landscape Designers, Inc. V. Plaster Dev. Co., 127 Nev. Adv. Op. No. 26, Meredith Still
Nevada Supreme Court Summaries
An appeal of the district court’s judgment regarding an indemnity clause between the general contractor and subcontractor in a construction defect action.
Summary Of Picardi V. Eighth Judicial District Court, 127 Nev. Adv. Op. No. 9, Cristen Thayer
Summary Of Picardi V. Eighth Judicial District Court, 127 Nev. Adv. Op. No. 9, Cristen Thayer
Nevada Supreme Court Summaries
Petition for writ of mandamus challenging Eighth Judicial District Court’s order compelling arbitration in a contract action.
Summary Of Gonski V. Dist. Ct., 126 Nev. Adv. Op. No. 51, Ryan Johnson
Summary Of Gonski V. Dist. Ct., 126 Nev. Adv. Op. No. 51, Ryan Johnson
Nevada Supreme Court Summaries
The Second Judicial District Court entered an order compelling arbitration in a construction defect dispute. Petitioners asked for a writ of mandamus vacating the order compelling arbitration.
Summary Of Brown Insurance Agency, Inc. V. Star Insurance Co., 126 Nev. Adv. Op. No. 31, Ammon Francom
Summary Of Brown Insurance Agency, Inc. V. Star Insurance Co., 126 Nev. Adv. Op. No. 31, Ammon Francom
Nevada Supreme Court Summaries
An appeal from a district court order granting summary judgment.
Summary Of Easton Business Opportunities, Inc. V. Town Executive Suites - E. Marketplace, Llc, 126 Nev. Adv. Op. No. 13, Kimberly Duque
Summary Of Easton Business Opportunities, Inc. V. Town Executive Suites - E. Marketplace, Llc, 126 Nev. Adv. Op. No. 13, Kimberly Duque
Nevada Supreme Court Summaries
A multi-faceted appeal involving interpretion of a real estate brokerage agreement that included an “extender” clause.
Summary Of Dobron V. Bunch, 125 Nev. Adv. Op. No. 36, Kathleen Wilde
Summary Of Dobron V. Bunch, 125 Nev. Adv. Op. No. 36, Kathleen Wilde
Nevada Supreme Court Summaries
An appeal from an Eighth Judicial District Court award of attorney fees stemming from a guaranty agreement.
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.
Summary Of Lehrer Mcgovern Bovis V. Bullock Insulation, 124 Nev. Adv. Op. No. 39, Katie Weber
Summary Of Lehrer Mcgovern Bovis V. Bullock Insulation, 124 Nev. Adv. Op. No. 39, Katie Weber
Nevada Supreme Court Summaries
Appeal from three consolidated district court judgments, and from post-judgment orders denying a new trial and awarding attorney’s fees and costs.
Summary Of Mayfield V. Koroghli, 124 Nev. Adv. Op. Citation 34, Nevada Law Journal
Summary Of Mayfield V. Koroghli, 124 Nev. Adv. Op. Citation 34, Nevada Law Journal
Nevada Supreme Court Summaries
This case is a consolidated appeal from district court judgments granting specific performance and awarding costs in a real property action.
Summary Of Whitemaine V. Aniskovich, 124 Nev. Advanced Opinion 29, Meredith Holmes
Summary Of Whitemaine V. Aniskovich, 124 Nev. Advanced Opinion 29, Meredith Holmes
Nevada Supreme Court Summaries
Appellant Whitemaine had concurrent employment contracts with Bank of America Investment Services, Inc. (BAIS) and Bank of America, N.A. The BAIS contract contained a provision requiring appellant to arbitrate any dispute related to her employment. The Bank of America contract contained no arbitration clause, but contained an integration clause. The issue in this case was whether two employment contracts can constitute a single agreement when one of them contains an integration clause.
Summary Of Anvui, Llc V. G.L. Dragon, Llc, 123 Nev. Adv. Op. No. 25, Kelly Walker
Summary Of Anvui, Llc V. G.L. Dragon, Llc, 123 Nev. Adv. Op. No. 25, Kelly Walker
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Griffin V. Old Republic Ins. Co., 122 Nev. Adv. Op. 42, Jacqueline A. Gilbert
Summary Of Griffin V. Old Republic Ins. Co., 122 Nev. Adv. Op. 42, Jacqueline A. Gilbert
Nevada Supreme Court Summaries
Appellant Griffin, after sustaining severe personal injuries when a plane piloted by Kevin Jensen crashed into Griffin’s yard, sued Jensen in Nevada state court. Jensen carried an Old Republic Insurance Company aviation policy for the plane. The Old Republic aviation insurance application contained a clause, which Jensen initialed, stating that the aircraft would not be covered “unless a standard airworthiness certificate is in full force and effect.” Further, the policy excluded coverage when “the Airworthiness certificate of the aircraft is not in full force and effect” or when “the aircraft has not been subjected to the appropriate airworthiness inspection(s) as …
Summary Of Albios V. Horizon Communities, Inc., 122 Nev. Adv. Op. 37, 132 P.3d 1022, Richard D. Chatwin
Summary Of Albios V. Horizon Communities, Inc., 122 Nev. Adv. Op. 37, 132 P.3d 1022, Richard D. Chatwin
Nevada Supreme Court Summaries
No abstract provided.
Summary Of State Drywall, Inc. V. Rhodes Design & Dev., 122 Nev. Adv. Op. 11, Eunice Kasiske
Summary Of State Drywall, Inc. V. Rhodes Design & Dev., 122 Nev. Adv. Op. 11, Eunice Kasiske
Nevada Supreme Court Summaries
State Drywall Inc. (“State Drywall”) appealed the district court’s order awarding Rhodes Design & Development (“Rhodes”) its attorney fees and costs in a breach of contract action pursuant to the cost-shifting provisions of NRCP 68(g) and NRS 17.115(5). State Drywall successfully argued that the district court should have awarded prejudgment interest on the two payments that Rhodes made before trial but after litigation had commenced, and added that prejudgment interest to the judgment awarded in making the comparison to the offer of judgment under NRCP 68(g) and NRS 17.115(5).