Year: 2019

Nevada Appellate Courts Advance Opinions for October 17, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 17, 2019

McNamee v. Eighth Jud. Dist. Ct.

  • Does NRCP 25(a)(1) require that a suggestion of death emanating from a deceased party include the name of the deceased party’s successor or representative to trigger the deadline to file a motion to substitute a successor or representative in place of the deceased party.

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Nevada Appellate Courts Advance Opinions for October 10, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 10, 2019

Reif v. Aries Consultants, Inc.

  • Does NRS 11.258 require a complaint involving nonresidential construction malpractice to be filed concurrently with an attorney affidavit and expert report.

Newson v. State

  • Must a district court instruct the jury on voluntary manslaughter when requested by the defense if the defense is only supported by circumstantial evidence.

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Nevada Appellate Courts Advance Opinions for October 3, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 3, 2019

State, Bd. of Architecture v. Dist. Ct.

  • Does a petition for judicial review of an administrative agency’s decision that precedes the agency’s decision it contests, vest subject matter jurisdiction in the district court.

Artemis Expl. Co. v. Ruby Lakes Estates

  • What constitutes a valid common-interest community within the meaning of NRS 116.021.

Kilgore v. Kilgore

  • What discretion does a district court have in a divorce proceeding to grant or deny a non-employee spouse’s request for pension payments before the employee spouse has retired.
  • Is vacation and sick pay earned and accrued during a marriage community property subject to equal division un NRS 125.150(1)(b).

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Nevada Appellate Courts Advance Opinions for September 26, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 26, 2019

Patush v. Las Vegas Bistro

  • What is the applicable limitations period for wrongful termination claims.

SFR Invs. Pool 1 v. U.S. Bank

  • May a court consider a bankruptcy stay in determining whether there was unfairness in a foreclosure sale.

State, Dep’t of Bus. & Indus. v. TitleMax

  • Does NRS 604A.445(3) permit an extension of a 210-day title loan through a grace period that recalculates the payments during the original term of the loan.

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Nevada Appellate Courts Advance Opinions for September 19, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 19, 2019

In re Discipline of Colin

  • Can an attorney’s written statements in pleadings disrupt a tribunal’s proceedings in violation of the Rules of Professional Conduct (RPC).

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Does a defendant have the right to a jury trial on a charge of misdemeanor battery constituting domestic violence?

Posted on by Jeff Jaeger

Picture of a jury

Andersen v. Eighth Jud. Dist. Ct. (Nev. Supreme Ct. – Sept. 12, 2019)

At issue is since Nevada limits the right to bear arms for a person who has been convicted of misdemeanor battery constituting domestic violence, is the classification of the offense serious thereby requiring a jury trial.

Andersen was arrested and charged with first-offense battery constituting domestic violence (domestic battery), a misdemeanor pursuant to NRS 200.485(1)(a), and simple battery. Before the municipal court, Andersen made a demand for a jury trial, arguing that a conviction for domestic battery was a serious offense and thus compelled a jury trial. After the municipal court denied the demand for a jury trial, Andersen entered a no contest plea to the domestic battery charge, and the charge of simple battery was dismissed.

On appeal to the district court, Andersen’s sole contention was that he was erroneously denied the right to a jury trial. The district court disagreed and affirmed the conviction. Andersen then filed a writ petition.

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Nevada Appellate Courts Advance Opinions for September 12, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 12, 2019

Andersen v. Eighth Jud. Dist. Ct.

  • Is the offense of misdemeanor battery constituting domestic violence a serious offense such that the right to a jury trial is triggered.

State Eng’r v. Happy Creek, Inc.

  • Do Nevada courts have authority to grant equitable relief in water law cases beyond the relief, if any, that the water law statutes allow the State engineer to grant.

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Nevada Appellate Courts Advance Opinions for September 5, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 5, 2019

Spar Bus. Servs., Inc. v. Olson

  • Is the untimely service of a timely filed petition for judicial review of an administrative decision a jurisdictional defect mandating dismissal.

Poole v. Nev. Auto Dealership Invs.

  • What is the meaning of “knowingly” and “material fact” under the Nevada Deceptive Trade Practices Act (NDTPA).

MMAWC, LLC v. Zion Wood Obi Wan Tr.

  • Does the Federal Arbitration Act (FAA) preempt NRS 597.995, which requires agreements that include an arbitration provision to also include a specific authorization for the arbitration provision showing that the parties affirmatively agreed to that provision.

Anderson v. State

  • What is the State’s burden of proof when invoking the forfeiture-by-wrongdoing exception to the Confrontation Clause.

Azucena v. State

  • What is the standard of review for preserved claims of judicial misconduct during voir dire.

DeMaranville v. Cannon Cochran Mgmt.

  • Did substantial evidence support an appeal officers finding that a retired city police officer’s death was caused by heart disease and was compensable as an occupational disease under NRS 617.457.

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Nevada Appellate Courts Advance Opinions for August 29, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for August 29, 2019

Hager v. State

  • Is a defendant who is assigned to and successfully completes a mental health specialty court diversion program under NRS 176A.250 through NRS 176A.265 (2013) thereby adjudicated as mentally ill, making it illegal for him to possess a firearm under NRS 202.360(2)(a).
  • When can a person be convicted of illegal possession of a firearm by an unlawful user of a controlled substance under NRS 202.360(1)(d).

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Nevada Appellate Courts Advance Opinions for August 1, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for August 1, 2019

City of Mesquite v. Eighth Jud. Dist. Ct.

  • What statute of limitations applies to a local government employee’s complaint alleging both that the employer breached the collective bargaining agreement and that the union breached its duty of fair representation.

First Transit v. Chernikoff

  • Does a common carrier’s heightened duty of care extend to protect passengers from non-transportation risks.

In re Guardianship of Gomez Wittler

  • Is a court order extending a temporary guardianship appealable.

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