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Articles 1 - 10 of 10
Full-Text Articles in Legal Remedies
Khoury V. Seastrand, 132 Nev. Adv. Op. 52 (July 28, 2016), Ronni Boskovich
Khoury V. Seastrand, 132 Nev. Adv. Op. 52 (July 28, 2016), Ronni Boskovich
Nevada Supreme Court Summaries
The Court considered three consolidated appeals from a district court judgment, pursuant to a jury verdict, and post-judgment orders awarding costs and denying a new trial in a personal injury action. While the Court addressed numerous issues, the following three questions comprised the bulk of the consolidated appeals: (1) whether an attorney may ask prospective jurors questions concerning a specific verdict amount to determine potential bias or prejudice; (2) whether repeatedly asking questions about that specific amount results in jury indoctrination warranting a mistrial; and (3) when a district court abuses its discretion in dismissing jurors for cause under Jitnan …
Mcdonald Carano Wilson, Llp. V. Bourassa Law Group, 131 Nev. Adv. Op. 90 (December 3, 2015), Patrick Caddick
Mcdonald Carano Wilson, Llp. V. Bourassa Law Group, 131 Nev. Adv. Op. 90 (December 3, 2015), Patrick Caddick
Nevada Supreme Court Summaries
The Court considered an appeal from a district court order. The Court reversed and remanded the district court’s ruling that NRS § 18.015 does not allow an attorney to enforce a charging lien when the attorney withdrew from representation.
Wph Architecture, Inc. V. Vegas Vp, Lp., 131 Nev. Adv. Op. 88 (Nov. 5, 2015), Emily Dyer
Wph Architecture, Inc. V. Vegas Vp, Lp., 131 Nev. Adv. Op. 88 (Nov. 5, 2015), Emily Dyer
Nevada Supreme Court Summaries
The Court determined that (1) NRCP 68, NRS § 17.115, and NRS § 18.020, which allow costs and fees to be awarded in several types of district court cases, do not require an arbitrator to award fees and costs after an offer of judgment has been made; and (2) NRCP 68, NRS § 17.115, and NRS § 18.020 are substantive in their application to arbitration proceedings.
Frazier V. Drake, 131 Nev. Adv. Op. 64 (Sep. 3, 2015), Adrian Viesca
Frazier V. Drake, 131 Nev. Adv. Op. 64 (Sep. 3, 2015), Adrian Viesca
Nevada Supreme Court Summaries
The Court of Appeals determined that (1) when three of the good-faith Beattie factors weigh in favor of the party that rejected the offer of judgment, the reasonableness of the fees requested by the offeror becomes irrelevant, and cannot, by itself, support a decision to award attorney fees to the offeror and (2) expert witness fees in excess of $1,500 now have factors to take into consideration in awarding such fees.
Summary Of Alper V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 43 (June 26, 2015), Scott Lundy
Summary Of Alper V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 43 (June 26, 2015), Scott Lundy
Nevada Supreme Court Summaries
The Court held that the district court’s order finding the judgment debtor in contempt but allowing him to purge by participating in a debtor’s examination exceeded the scope of the bankruptcy court’s lift stay order because a contempt order that permits a judgment debtor to purge incarceration is civil, not criminal, in nature.
Summary Of Fulbrook V. Allstate Ins. Co., 131 Nev. Adv. Op. 33 (Jun. 4, 2015), Walter Fick
Summary Of Fulbrook V. Allstate Ins. Co., 131 Nev. Adv. Op. 33 (Jun. 4, 2015), Walter Fick
Nevada Supreme Court Summaries
The Court held that appellant’s counsel’s “technical difficulties,” with regard to e-mails and case files, was an insufficient basis on which to recall remittitur, because the technical difficulties were unrelated to Nevada’s electronic filing system, which exclusively provides required notifications to counsel.
Summary Of David Abarra V. The State Of Nevada, 131 Nev. Adv. Op. 5, Amber Lilienthal
Summary Of David Abarra V. The State Of Nevada, 131 Nev. Adv. Op. 5, Amber Lilienthal
Nevada Supreme Court Summaries
The Court determined that (1) the appellant exhausted administrative remedies for his improper finding of guilt claim; (2) the appellant exhausted administrative remedies for his improper filing, failure to correct, and First Amendment claims; and (3) the appellant failed to state a due process claim.
Summary Of D.R. Horton V. Betsinger, 130 Nev. Adv. Op. 84, Gil Kahn
Summary Of D.R. Horton V. Betsinger, 130 Nev. Adv. Op. 84, Gil Kahn
Nevada Supreme Court Summaries
The Court determined that even when a case is remanded only in order for a trier of fact to determine the amount of punitive damages, NRS 42.005(3) requires that same trier of fact to first determine whether such damages are warranted.
Summary Of Copper Sands Homeowners Ass’N, Inc. V. Flamingo 94, Llc, 130 Nev. Adv. Op. 81, Vincent Godinho
Summary Of Copper Sands Homeowners Ass’N, Inc. V. Flamingo 94, Llc, 130 Nev. Adv. Op. 81, Vincent Godinho
Nevada Supreme Court Summaries
The Court determined that when a third-party defendant prevails in an action and moves for costs pursuant to NRS 18.020, the district court must determine which party (plaintiff or defendant) is adverse to the third-party defendant and allocate the costs award accordingly.
Summary Of Doan V. Wilkerson, 130 Nev. Adv. Op. 48, Kelsey Bernstein
Summary Of Doan V. Wilkerson, 130 Nev. Adv. Op. 48, Kelsey Bernstein
Nevada Supreme Court Summaries
The Court determined two issues: 1) whether the six-month statute of limitations set forth in NRCP 60(b) applies to a motion for relief from a divorce decree, and (2) under what circumstances a marital asset adjudicated in court but omitted from the final divorce decree may be partitioned through a motion for relief from judgment.