Month: August 2017

Is the identity of a medical marijuana establishment business license holder confidential?

Posted on by Jeff Jaeger

medical marijuana

City of Sparks vs. Reno Newspapers, Inc.  (Nev. Supreme Ct. – Aug. 3, 2017)

Persons seeking to operate medical marijuana establishments (MMEs) must register with the Department of Health and Human Services’ Division of Public and Behavioral Health (Division), NRS 453A.322(1), and, if located in a jurisdiction so requiring, obtain a business license, NRS 453A.326(3). Reno Newspapers, Inc., which owns and operates the Reno Gazette-Journal (RGJ), a daily newspaper, asked the City of Sparks to disclose copies of the business licenses of persons operating MMEs in the City. In response, the City produced the business licenses, but redacted the licensees’ identities from the documents. The RGJ demanded unredacted copies of the business licenses, and the City denied the subsequent request.

Thereafter, the RGJ filed a petition for a writ of mandamus in the district court to compel the City to disclose the redacted information. The district court held that the petition was procedurally proper and concluded that the City had a duty under the Nevada Public Records Act to disclose the identities of the business license holders, which duty was not exempted by NAC 453A.714’s confidentiality provision, granted the petition. The City appealed.

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To what extent is a member of an LLC protected in a negligence claim against the LLC?

Posted on by Jeff Jaeger
LLC protection

Gardner vs. Henderson Water Park, LLC (Nev. Supreme Ct. – Aug. 3, 2017)

The issue is to what extent is a member of a limited liability company (LLC) protected in a negligence-based tort action against the LLC.

After their son, L.G., suffered severe injuries in a near drowning in the wave pool at Cowabunga Bay, the Gardners brought suit against Henderson Water Park, LLC, which does business as Cowabunga Bay Water Park (the Water Park), and its two managing members, West Coast Water Parks, LLC, and Double Ott Water Holdings, LLC (the member-LLCs). Among other allegations, the Gardners alleged that the negligence of the Water Park and member- LLCs contributed to L.G.’s injuries because of the Water Park’s inadequate staffing of lifeguards.

The member-LLCs eventually moved for summary judgment, which the district court granted. Specifically, the district court dismissed the member-LLCs as improper parties pursuant to NRS 86.381. The district court certified its order as final under NRCP 54(b), and the Gardners appealed.

On appeal, the Gardners argued the district court erred in concluding that NRS 86.371 and NRS 86.381 shield the member-LLCs from suit because the Gardners sought to pursue a direct claim against the member-LLCs for the member-LLCs’ own tortious conduct in negligently operating the Water Park.

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Nevada Appellate Courts Advance Opinions for August 3, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for August 3, 2017

CITY OF SPARKS VS. RENO NEWSPAPERS, INC.

  • Did the respondent properly seek the disclosure of public records by means of a writ of mandamus even though the regulation at issue and Nevada Administrative Procedure Act, NRS Chapter 233B, provide that the validity of a regulation may be determined in a proceeding for a declaratory judgment?
  • Does NAC 453A.714(1), which governs the confidentiality of information concerning persons who facilitate or deliver medical marijuana services, exempt such information from disclosure under the Nevada Public Records Act, NRS Chapter 239, when the information is contained in medical marijuana establishment business licenses?

LN MGMT. LLC SER. 5105 PORTRAITS PLACE VS. GREEN TREE LOAN SERV., LLC

  • What is the effect of a sale of real property situated in Nevada in violation of an automatic stay from the homeowners’ bankruptcy proceedings commenced in Texas?

GARDNER VS. HENDERSON WATER PARK, LLC

  • To what extent is a member of a limited liability company (LLC) protected in a negligence based tort action against the LLC?

RURAL TELEPHONE CO. VS. PUB. UTIL. COMM’N. OF NEV.

  • Under NRS 703.373(6) or any inherent authority, can the district court extend the deadline for filing the opening brief in a petition for judicial review of a public utilities commission decision?

Can a defendant be convicted of aiding and abetting a negligent or reckless crime?

Posted on by Jeff Jaeger
aid and abet

Desai (Dipak) vs. State (Nev. Supreme Ct. – Jul. 27, 2017)

A jury convicted Desai of, among other things, seven counts of performance of an act in reckless disregard of persons or property resulting in substantial bodily harm pursuant to NRS 202.595(2), and seven counts of criminal neglect of patients resulting in substantial bodily harm pursuant to NRS 200.495(1), collectively characterized as the endangerment crimes. The issue is whether a defendant can aid and abet a negligent or reckless crime, such as the endangerment crimes at issue here.

Desai was the original founding member and managing partner of the Endoscopy Center of Southern Nevada and other ambulatory surgical centers (collectively, the clinic) in Las Vegas. Desai made all decisions regarding the clinic, including the ordering and use of supplies and scheduling of patients. He was also in charge of the certified registered nurse anesthetists.

On July 25, 2007, the clinic’s first patient of the day informed Desai that he had hepatitis C before his procedure began. Later that day, Washington had a procedure performed at the clinic. Washington was later diagnosed with hepatitis C. On September 21, 2007, the clinic’s first patient of the day informed a nurse that he had hepatitis C before his procedure began. Later that day, Rivera, Martin, Aspinwall, Hutchinson, and Meana had procedures performed at the clinic. All five patients were later diagnose with hepatitis C. Meana received some treatment following his diagnosis, but failed to adequately complete any treatment and eventually died as a result of the disease.

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