Year: 2020

Nevada Appellate Courts Advance Opinions for May 14, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for May 14, 2020

Venetian Casino Resort, LLC v. Dist. Ct. (Sekera)

  • What is the proper process courts must use when determining the scope of discovery under NRCP 26.
  • How should a court determine whether a protective order should be issued for good cause under NRCP 26.

City of Henderson v. Spangler

  • When does hearing loss constitute a compensable injury by accident under NRS Chapters 616A-D.
  • When does hearing loss constitute a compensable occupational disease under NRS Chapter 617.

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Nevada Appellate Courts Advance Opinions for April 30, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for April 30, 2020

Lewis v. Eighth Jud. Dist. Ct.

  • Is intervention permissible in a case after final judgment has been reached.
  • Is the consolidation of cases proper where one case has no pending issues.

State v. Second Jud. Dist. Ct. (Radonski)

  • Is arson a specific intent crime.

Newson v. State

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

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Nevada Appellate Courts Advance Opinions for April 9, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for April 9, 2020

In re Raggio Family Tr.

  • Does Nevada trust law require a trustee to consider a beneficiary’s other assets before making distributions from a trust.

Valdez-Jimenez v. Eighth Jud. Dist. Ct.

  • What process is constitutionally required when a district court sets bail in an amount that a defendant cannot afford, which results in pretrial detention.

Frye v. Eighth Jud. Dist. Ct.

  • What process is constitutionally required when a district court sets bail in an amount that a defendant cannot afford, which results in pretrial detention.

Reynolds v. Tufenkjian

  • Can a judgment debtor’s claims that are unassignable be purchased at an execution sale.

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Nevada Appellate Courts Advance Opinions for April 2, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for April 2, 2020

Cummings v. Barber

  • Does Nevada NRS 41A.100, Nevada’s res ipsa loquitur statute, apply where a surgeon fails to remove a foreign object that was implanted and left inside a patient’s body during a previous surgery.

Jaramillo v. Ramos

  • Must a plaintiff relying on NRS 41A.100, Nevada’s res ipsa loquitur statute’s presumption for a prima facie case of negligence in a medical malpractice action, provide expert testimony to survive a defendant’s summary judgment motion.

Jones v. U.S. Bank Nat’l Ass’n

  • Pursuant to NRS 104.3309, how must an enforcing party show that it had the right to enforce a note when it lost possession or acquired ownership of the note from a party that had the right to enforce it.

LVMPD v. Ctr. for Investigative Reporting

  • Does a requesting party, who requests nonconfidential public records from a governmental entity, prevail for the purposes of awarding attorney fees and costs when the parties reach an agreement that affords the requesting party access to the requested records before the court enters judgment on the merits.

145 E. Harmon II Tr. v. Res. at MGM Grand

  • Does a voluntary dismissal with prejudice convey prevailing party status on a defendant to allow the recovery of attorney fees and costs pursuant to NRS 18.010 and NRS 18.020.

In re Colman Family Revocable Living Tr.

  • Does NRS 111.781, which governs the effects of divorce on nonprobate transfers of property, revoke a spouse’s interest in property.

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Nevada Appellate Courts Advance Opinions for March 26, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for March 26, 2020

Martinez Guzman v. Second Jud. Dist. Ct.

  • Does territorial jurisdiction under NRS 172.105 confine a grand jury to inquire into offenses committed within the respective county or counties that are part of their district.

State, DETR v. Sierra Nat’l Corp.

  • Does NRS 612.265 protect from disclosure a person’s or employing unit’s identity in response to a public records request to the Department of Employment, Training, & Rehabilitation’s Employment Security Division.

Berberich v. Bank of America

  • Do the limitations period for quiet title actions in NRS 11.080 run against an owner who is in undisputed possession of land.

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Nevada Appellate Courts Advance Opinions for March 5, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for March 5, 2020

Abrams v. Sanson

  • Are statements sent to a listserv of email subscribers criticizing an attorney’s courtroom conduct and practices protected as good-faith communications under Nevada’s anti-SLAPP statutes.

9352 Cranesbill Tr. v. Wells Fargo Bank

  • Does NRS Chapter 116 limit who can satisfy a default on a superpriority portion of a lien such that a homeowner’s payment can cure a superpriority default.

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Nevada Appellate Courts Advance Opinions for February 27, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for February 27, 2020

Chur v. Eighth Jud. Dist. Ct.

  • Can a corporate director or officer be held individually liable for breaching his or her fiduciary duty of care through gross negligence.

7510 Perla Del Mar Ave Tr. v. Bank of Am.

  • Does an offer to pay a superpriority amount in the future, once that amount is determined, constitute a tender sufficient to preserve a first deed of trust.

Coroner v. Las Vegas Review-Journal

  • Can the Coroner’s Office refuse to disclose a juvenile autopsy report once it has provided the report to a Child Death Review team under NRS 432B.407(6).
  • Does NRS 239.012 immunize a governmental entity from an award of attorney fees when the entity, in response to a records request, withholds public records in good faith.

Stark v. Lackey

  • Were comments posted to a public Facebook page criticizing a Nevada Department of Wildlife’s biologist’s handling of bears related to a matter of public interest such that they constituted good-faith communications entitled to anti-SLAPP protections.

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Nevada Appellate Courts Advance Opinions for February 20, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for February 20, 2020

Republican Att’ys Gen. Ass’n v. LVMPD

  • Is bodycam footage subject to the confidentiality provisions listed in the Nevada Public Records Act (NPRA).
  • Did the Las Vegas Metropolitan Police Department (LVMPD) waive its assertion of confidentiality under NRS 239.0107 or NRS 239.011 when it failed to timely respond to a request for bodycam footage and other related records.
  • Does NRS 62H.025 require a juvenile to be brought before the juvenile court for information to be considered confidential juvenile justice information.

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Nevada Appellate Courts Advance Opinions for January 30, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for January 30, 2020

Paulos v. FCH1, LLC

  • What is the preclusive effect of a qualified-immunity decision where the federal district court’s judgment addressed both prongs of the qualified-immunity inquiry, but the federal appellate court addressed only one prong to affirm the judgment.

Flowers v. State

  • Was evidence of a subsequent murder properly admitted in a murder prosecution under the identity exception to NRS 48.045(2).

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