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Articles 1 - 30 of 147
Full-Text Articles in Torts
Rbr Management, Llc V. Eighth Judicial District Court [State Of Nevada], 142 Nev., Adv. Op. 44 (June 18, 2026), Erika Loveland
Rbr Management, Llc V. Eighth Judicial District Court [State Of Nevada], 142 Nev., Adv. Op. 44 (June 18, 2026), Erika Loveland
Nevada Supreme Court Summaries
Emergency medical service providers and ambulances are not "provider[s] of health care" under NRS 41A.017, so claims against them are not professional negligence claims and require no expert affidavit.
Rosenbrook V. Lloyd, 142 Nev. Adv. Op. 36 (May 14, 2026), David Elder
Rosenbrook V. Lloyd, 142 Nev. Adv. Op. 36 (May 14, 2026), David Elder
Nevada Supreme Court Summaries
Motions to dismiss in defamation cases should not be granted in full when some communications are protected under the anti-SLAPP statute and others are not.
Carter (Tyler) V. State Of Nevada, 123 Nev. Adv. Op. 45 (May. 14, 2026), Natalie D'Ambrosio
Carter (Tyler) V. State Of Nevada, 123 Nev. Adv. Op. 45 (May. 14, 2026), Natalie D'Ambrosio
Nevada Supreme Court Summaries
Carter v. State of Nevada holds that drivers involved in injury crashes must stop, provide identification, and render reasonable assistance, but are not required to remain at the scene until law enforcement authorizes departure.
Lies That Matter: Retheorizing Rape And The Limits Of Consent, Seran Gee
Lies That Matter: Retheorizing Rape And The Limits Of Consent, Seran Gee
Nevada Law Journal
This Article proposes a novel assent-based framework for understanding rape law, challenging the traditional focus on consent as the sole determinant of rape. It argues that rape occurs when there is an absence of assent, rather than simply a lack of consent. The Article distinguishes between assent, which reflects a feeling of willingness, and consent, which is an exercise of autonomy that waives one’s right to bodily integrity. By incorporating this distinction, the assent model provides a more nuanced approach to rape law, explaining why certain deceptions—such as misrepresenting the nature of a sexual act—constitute rape, while others do not. …
Moore Vs. Primadonna Co., Llc, 142 Nev. Adv. Op. No. 6. (Jan. 29, 2026), Collin Faught
Moore Vs. Primadonna Co., Llc, 142 Nev. Adv. Op. No. 6. (Jan. 29, 2026), Collin Faught
Nevada Supreme Court Summaries
THE COURT HELD THAT A PLAINTIFF INJURED AT A SELF-SERVICE BUSINESS NEED NOT SHOW THE TASK WAS TRADITIONALLY PERFORMED BY EMPLOYEES TO INVOKE MODE-OF-OPERATION LIABILITY.
Memoir: The Brain, Neuroethics, And Bioethics, Leslie C. Griffin
Memoir: The Brain, Neuroethics, And Bioethics, Leslie C. Griffin
Scholarly Works
This Essay examines how developments in neuroscience (or brain science) affect our views of law, medicine, ethics, and religion. Part I shows how lack of clarity about brain death can lead to premature organ donation. Part II argues that health care too often provides inadequate brain care and incomplete rehabilitation. Part III explains why recovery may be possible for those braininjured patients who are told it is not. Part IV demonstrates how the fear of a brain-injured patient oddly affects my perspective on Tort and Criminal Law, which are being influenced by neuroscientific advances. Part V examines the new developments …
Bernstein V. Morris, 114 Nev. Adv. Op. 72 (Dec. 23, 2025), Vanessa Arias
Bernstein V. Morris, 114 Nev. Adv. Op. 72 (Dec. 23, 2025), Vanessa Arias
Nevada Supreme Court Summaries
Third-party beneficiaries are allowed to sue settlor’s attorney for legal malpractice if they can prove an injury occurred and that the attorney's actions were the cause.
Hernandez Vs. The Home Depot, Inc. (Nrap 5), 141 Nev. Adv. Op. 23 (May 01, 2025), Julia Daileda
Hernandez Vs. The Home Depot, Inc. (Nrap 5), 141 Nev. Adv. Op. 23 (May 01, 2025), Julia Daileda
Nevada Supreme Court Summaries
Nevada fails to impose strict liability for a defective or dangerous product on a trademark licensor that played no role in the product’s design or manufacture.
Iliescu V. The Regional Transportation Commission Of Washoe County, 138 Nev. Adv. Op. 72 (Nov. 17, 2022), Brittany Lyons
Iliescu V. The Regional Transportation Commission Of Washoe County, 138 Nev. Adv. Op. 72 (Nov. 17, 2022), Brittany Lyons
Nevada Supreme Court Summaries
In an opinion written by Chief Justice Gibbons, the Court affirmed in part and remanded the district court’s rulings for claims made by the Petitioners. First, the Court held that only tenants could commit waste on the property they are tenants of. Second, injunctive relief may not be a separate cause of action. Third, the Court held that plaintiffs pursuing a breach-of-cause contract claim must show a causal relationship between a breach and damages. Fourth, the Court found that nominal damages may be awarded where other forms of damages could not be found and that nominal damages can be awarded …
Laid To Rust: Proposing Strict Liability In Tort For Prop Firearm Injuries Following The Alec Baldwin Shooting, Mark Edward Blankenship Jr., Joseph A. Ott
Laid To Rust: Proposing Strict Liability In Tort For Prop Firearm Injuries Following The Alec Baldwin Shooting, Mark Edward Blankenship Jr., Joseph A. Ott
Nevada Law Journal Forum
Prop gun safety standards are often a mixed bag. “Despite some industry reforms following previous tragedies, the federal workplace safety agency in the U.S. is silent on the issue of on-set gun safety.” Some states follow film labor union and movie studio guidelines. Other states have regulations on pyrotechnic devices, but not on prop guns. Thus, states should consider what successful legal course of action a wrongfully deceased heir can bring in the event that no criminal charges can be filed. This article proposes that the best regulatory approach and tort liability course of action is through (1) treating prop …
Fraternity And Sorority Social Event Liability: The Legal Landscape And Solutions, Gregory S. Parks, Victoria Grieshammer
Fraternity And Sorority Social Event Liability: The Legal Landscape And Solutions, Gregory S. Parks, Victoria Grieshammer
Nevada Law Journal
No abstract provided.
Tackling The Qualified Immunity Problem With State Law, Andréa Vieira, Addie C. Rolnick, Anona Su
Tackling The Qualified Immunity Problem With State Law, Andréa Vieira, Addie C. Rolnick, Anona Su
Nevada Law Journal
No abstract provided.
Insuring Fortuity—And Intent: A Comment On Professor French's Insuring Intentional Torts, Erik S. Knutsen, Jeffrey W. Stempel
Insuring Fortuity—And Intent: A Comment On Professor French's Insuring Intentional Torts, Erik S. Knutsen, Jeffrey W. Stempel
Scholarly Works
No abstract provided.
Guns In The Sky: Nevada's Firearm Laws, 1 October, And Next Steps, Dylan Lawter, Anya Sanko
Guns In The Sky: Nevada's Firearm Laws, 1 October, And Next Steps, Dylan Lawter, Anya Sanko
Nevada Law Journal Forum
With incidences of high-profile mass shootings as well as daily gun violence continuing to rise throughout the United States, Nevada residents cannot help but wonder what the state is doing to stop and to prevent future incidents. Nevada has historically had permissive gun laws, being part of the “Wild West,” but in modern days, particularly since the 1 October shooting, Nevada legislators have enacted more gun laws. Additionally, judges and justices in Nevada courts have had to interpret new and old gun laws in novel ways, due to living in the modern era where gun violence seems to be the …
Reynolds V. Tufenkjian, 136 Nev. Adv. Op. 19 (Apr. 9, 2020), Brittni Tanenbaum
Reynolds V. Tufenkjian, 136 Nev. Adv. Op. 19 (Apr. 9, 2020), Brittni Tanenbaum
Nevada Supreme Court Summaries
The Court considered whether a party who purchased a judgment debtor’s rights of action could motion the Court to substitute themselves in as the real party in interest and dismiss the appeal. The Court held that only “things in action” that are otherwise assignable may be subject to execution to satisfy a judgment. The Court concluded that tort claims for personal injury—including fraud/intentional misrepresentation and elder exploitation—are generally not assignable. The Court further concluded that tort claims for injury to property and contract-based claims, unless the claims are personal in nature, are generally assignable. Therefore, the Court granted the respondents’ …
Abrams V. Sanson, 136 Nev. Adv. Op. 9 (Mar. 5, 2020), Anya Lester
Abrams V. Sanson, 136 Nev. Adv. Op. 9 (Mar. 5, 2020), Anya Lester
Nevada Supreme Court Summaries
The Court determined that statements sent to an email listserv criticizing an attorney’s courtroom conduct were good faith communications regarding a matter of public concern and were protected under the Nevada anti-SLAPP statutes. However, the Court held that Abrams did not show a probability of prevailing on her claims with prima facie evidence as her claims did not exhibit minimal merit.
Rosen V. Tarkanian, 135 Nev. Adv. Op. 15 (December 12, 2019), Andrew Brown
Rosen V. Tarkanian, 135 Nev. Adv. Op. 15 (December 12, 2019), Andrew Brown
Nevada Supreme Court Summaries
This issue was whether several of Jacky Rosen’s statements about Danny Tarkanian made during her political campaign constituted defamation. The Court determined that Rosen’s political statements were made in good faith and, therefore, the case was reversed and remanded with instructions for the district court to grant the special motion to dismiss.
First Transit V. Chernikoff, 135 Nev. Adv. Op. 32 (Aug. 1, 2019), Michael Holthus
First Transit V. Chernikoff, 135 Nev. Adv. Op. 32 (Aug. 1, 2019), Michael Holthus
Nevada Supreme Court Summaries
The Court clarified that (1) the heightened duty of care by common carriers only applies to transportation-related risks, and (2) when a common carrier is aware of a passenger’s disability, reasonable care includes providing safe transport that the circumstances reasonably require based on the disability.
Exposed: The Pitfalls In Nevada’S Nonconsensual Pornography Statute And A Proposal For More Protection, Camilla Dudley
Exposed: The Pitfalls In Nevada’S Nonconsensual Pornography Statute And A Proposal For More Protection, Camilla Dudley
Nevada Law Journal
No abstract provided.
Tort Law’S Devaluation Of Stillbirth, Jill Wieber Lens
Tort Law’S Devaluation Of Stillbirth, Jill Wieber Lens
Nevada Law Journal
No abstract provided.
Drone Invasion: Unmanned Aerial Vehicles And The Right To Privacy, Rebecca L. Scharf
Drone Invasion: Unmanned Aerial Vehicles And The Right To Privacy, Rebecca L. Scharf
Scholarly Works
Since the birth of the concept of a legally-recognized right to privacy in Samuel D. Warren and Louis D. Brandeis’ influential 1890 law review article, The Right to Privacy, common law – with the aid of influential scholars -- has massaged the concept of privacy torts into actionable claims. But now, one of the most innovative technological advancements in recent years, the unmanned aerial vehicle, or drone, has created difficult challenges for plaintiffs and courts navigating common law privacy tort claims.
This Article explores the challenges of prosecution of the specific privacy tort of intrusion into seclusion involving non-governmental use …
Broken Bodies And Broken Dreams: How Social Safety Net Programs Subsidize Professional Boxing And The Need To Improve Legal And Health Protections For Prizefighters, Robert I. Correales
Broken Bodies And Broken Dreams: How Social Safety Net Programs Subsidize Professional Boxing And The Need To Improve Legal And Health Protections For Prizefighters, Robert I. Correales
Scholarly Works
This article explores the lack of basic health and insurance protections for professional boxing participants and proposes changes in policy that will reflect the dangerous nature of professional boxing and the modem cost of medical services. Recognizing that a legislative remedy may never arrive, this article also examines previously unexplored or underutilized legal doctrines such as tort and workers' compensation law that may provide an alternative to inadequate insurance protection, and suggests a more aggressive approach along those lines to compel fuller protection for prizefighters.
Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen
Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen
Nevada Supreme Court Summaries
No abstract provided.
Capanna, M.D. V. Orth, 134 Nev. Adv. Op. 108 (Dec. 27, 2018) (En Banc), Pengxiang Tian
Capanna, M.D. V. Orth, 134 Nev. Adv. Op. 108 (Dec. 27, 2018) (En Banc), Pengxiang Tian
Nevada Supreme Court Summaries
The Court determined that Orth’s counsel violated the golden rule arguments, but opposing party’s substantial rights were not violated. Moreover, the district court’s ruling regarding plaintiff expert’s potential biases did not impose severe limitations on Capanna’s ability to fully cross-examine plaintiff’s expert. Further, the district court did not abuse its discretion when it allowed Orth to supplement expert witness list and the award of attorney fees and costs was within the discretion of the district court. Lastly, Orth lacks standing in challenging the district court’s decision.
A New Look At Contract Mistake Doctrine And Personal Injury Releases, Grace M. Giesel
A New Look At Contract Mistake Doctrine And Personal Injury Releases, Grace M. Giesel
Nevada Law Journal
No abstract provided.
Dolorfino V. Univ. Med. Ctr. Of S. Nev., 134 Nev. Adv. Op. 79 (Oct. 4, 2018), Steven Brecher
Dolorfino V. Univ. Med. Ctr. Of S. Nev., 134 Nev. Adv. Op. 79 (Oct. 4, 2018), Steven Brecher
Nevada Supreme Court Summaries
The Court held that a claim of injury suffered during medical treatment may not be dismissed for lack of a supporting affidavit from a medical expert if the injured body part is not “directly involved in” or “proximate” to the treatment, where those phrases are to be interpreted quite narrowly.
Segovia V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 112 (Dec. 28, 2017), Alexis Wendl
Segovia V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 112 (Dec. 28, 2017), Alexis Wendl
Nevada Supreme Court Summaries
The Court determined that (1) the 2015 amendment that added “physician assistant” to NRS 41A was not intended to clarify the previous statute’s original intent; and (2) The 2015 Legislature intended for the 2015 amendment that added “physician assistant” to NRS Chapter 41A to apply prospectively.
Peck V. Zipf, 133 Nev. Adv. Op. 108 (Dec. 28, 2017), Jeff Chronister
Peck V. Zipf, 133 Nev. Adv. Op. 108 (Dec. 28, 2017), Jeff Chronister
Nevada Supreme Court Summaries
Under NRS 41A.071, a plaintiff’s malpractice claim must be dismissed if the claim is not accompanied by an expert affidavit, but NRS 41A.100(1) states that the expert affidavit need not be submitted if the medical malpractice claim is argued under the res ipsa loquitur doctrine. Because the appellant failed to prove that the instrument left in his body was the result of surgery, the claim was properly dismissed in that the claim did not satisfy the elements to permit the statutory exception of the res ipsa loquitur doctrine. Likewise, NRS 41A.071 does not violate the Equal Protection or Due Process …
State, Dep’T. Of Bus. And Indus., Fin. Inst. Div. V. Dollar Loan Ctr., L.L.C., 133 Nev Adv. Op. 103 (Dec. 26, 2017) (En Banc), Emily Meibert
State, Dep’T. Of Bus. And Indus., Fin. Inst. Div. V. Dollar Loan Ctr., L.L.C., 133 Nev Adv. Op. 103 (Dec. 26, 2017) (En Banc), Emily Meibert
Nevada Supreme Court Summaries
The Court determined that NRS 604A.408(2)(f) bars a licensee from bringing any type of enforcement action on a refinancing loan under the statute. This is because allowing for enforcement action would go against the legislative purpose of the statute.
Clark Cty. Sch. Dist. V. Payo, 133 Nev. Adv. Op. 79 (Oct. 26, 2017), Alma Orozco
Clark Cty. Sch. Dist. V. Payo, 133 Nev. Adv. Op. 79 (Oct. 26, 2017), Alma Orozco
Nevada Supreme Court Summaries
Implied assumption of the risk does not apply when a student is required to participate in a physical education class because the doctrine’s “voluntariness” element is not satisfied. Discretionary-function immunity does not apply when cases allege inadequate supervision or instruction because such decisions, while discretionary, are not policy-based, as the discretionary-immunity test requires. Decisions are not entitled to discretionary-function immunity unless they entail governmental planning or policy formulation, which involves economic, social, and political considerations.