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Nevada Appellate Courts Advance Opinions for December 31, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 31, 2020

ASSOC. RISK MGMT., INC. VS. IBANEZ

  • Are undocumented aliens who are injured while working for a Nevada employer eligible for monetary disability benefits.

IN RE: ESTATE OF HORST REVOCABLE TR.

  • What must a trustee include in a notice to beneficiaries under NRS 164.021 to trigger the 120-day limitation period challenging the validity of a trust.

MESI VS. MESI  

  • May a district court independently investigate facts in a pending matter by communicating ex parte with another court.
  • Should the second court stay an action where the same action is filed in two courts and a party contests the first court’s jurisdiction.

REPUBLIC SILVER STATE DISPOSAL, INC. VS. CASH  

  • When a tortfeasor settles with the plaintiff, may the tortfeasor assert a claim for contribution against a doctor who allegedly caused injuries in treating the original injury

DUONG, M.D. VS. FIELDEN HANSON ISAACS MIYADA ROBISON YEH, LTD  

  • May a district court blue-pencil an otherwise unenforceable noncompetition agreement pursuant to a provision therein allowing court modification to redeem unreasonable restrictive clauses.

LAS VEGAS METRO. POLICE DEP’T VS. LAS VEGAS REVIEW-JOURNAL   

  • Is the burden-shifting test adopted in Clark County School District v. Las Vegas Review-Journal, to help courts determine whether information that implicates individual privacy interest is subject to disclosure under Nevada Public Records Act (NPRA) one of general application or limited to investigative reports.
  • Does the disclosure of the Las Vegas Metropolitan Police Department (LVMPD) unit assignments implicate its officers’ nontrivial privacy interests.

SATICOY BAY, LLC SER. 133 MCLAREN VS. GREEN TREE SERV. LLC  

  • What is the effect of conclusive deed recitals pursuant to NRS 116.31166 on title disputes after a homeowner’s association lien foreclosure sale.

IN RE: ESTATE OF SCHEIDE, JR.  

  • How must a proponent of a lost will meet its burden of proof to show the will was in legal existence at a testator’s death.

KOSOR, JR. VS. OLYMPIA CO.’S, LLC  

  • Are comments made at an open homeowners’ association meeting protected by Nevada’s anti-SLAPP statutes.

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Nevada Appellate Courts Advance Opinions for December 24, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 24, 2020

CLARK CTY. SCHOOL DIST. VS. BRYAN C/W 74566

  • Do Title IX protections against sex-based discrimination extend to prohibit discrimination based on perceived sexual orientation.
  • Does a state law violation constitute a per se deliberate indifference under Title IX and § 1983 claims.

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Nevada Appellate Courts Advance Opinions for December 10, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 10, 2020

BANKA (JACK) VS. STATE

  • Must a defendant be informed of the existence of a mandatory minimum fine in order to make a knowing, voluntary decision to enter a plea.

WALKER VS. DIST. CT. (MICHAELS)

  • What does the appellate court consider when deciding whether to review a discretionary order or judgment of the court below.

LATHIGEE VS. BRITISH COLUMBIA SEC. COMM’N

  • Did the district court properly recognize and enforce in Nevada a disgorgement portion of a securities fraud judgment from British Columbia.

RANDOLPH (THOMAS) VS. STATE (DEATH PENALTY-DIRECT)

  • Did the district court abuse its discretion in admitting prior bad act evidence.

KAUR VS. SINGH

  • What should a district court consider before considering whether a party sufficiently raised a defense to the application of the doctrine of judicial estoppel.

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Nevada Appellate Courts Advance Opinions for December 3, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 3, 2020

 STATE, DEP’T OF TRANSP. VS. BRONDER

  • Is NAC 281.305(1)(a), which provides that a state officer or employee claiming whistleblower protection must file a whistleblower appeal within 10 workdays of the alleged reprisal or retaliation, a procedural rule and thus within the rulemaking authority that NRS 281.641(5) confers upon the Nevada Department of Administration’s Personnel Commission.

 IN RE: PETITION OF ARAGON

  • Does a conviction for open or gross lewdness meet the statutory requirements for sealing.

 SILVERWING DEV. VS. NEV. STATE CONTRACTORS BD.  

  • Is the term “substitution site” in NRS 624.220, which requires the Nevada State Contractors Board to impose a monetary license on the amount a contractor can bid on a project, unconstitutionally vague.

 IN RE: CHRISTIAN FAMILY TRUST 

  • May a creditor satisfy its claim against a settlor’s trust where the trust does not specifically provide for payment of a claim but the trustees approve a payment.

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Nevada Appellate Courts Advance Opinions for November 5, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 5, 2020

MDB TRUCKING, LLC VS. VERSA PRODUCTS CO., INC. C/W 75319/75321/76395/76396/76397

  • What is the standard for willfulness that a court must apply when assessing the culpability or fault of a party against whom spoliation sanctions are sought.

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Nevada Appellate Courts Advance Opinions for October 29, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 29, 2020

MOORE (MAURICE) VS. STATE

  • Is the mistaken belief as to a victim’s age a defense to the crime of lewdness with a child under the age of 16.

WYNN VS. THE ASSOCIATED PRESS

  • What qualifies as an official action or proceeding warranting application of the fair report privilege to one who reports on it.

BYRNE VS. SUNRIDGE BUILDERS, INC.

  • Must a claimant have filed a construction defect lawsuit within the grace period, not merely served and NRS Chapter 40 Notice, to preserve his or her claim after the 6-year statute of repose has run.

JPMORGAN CHASE BANK, NAT’L ASS’N VS. SFR INV.’S POOL 1, LLC

  • What statute of limitations applies to an action brought to enforce the Federal Foreclosure Bar.

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Nevada Appellate Courts Advance Opinions for October 8, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 8, 2020

WASHOE CTY. D.A.’S OFF. VS. THE SECOND JUD. DIST. CT.

  • Can a district court compel the district attorney’s office to participate in a record-sealing petition.

YOUNG VS. NEV. GAMING CONTROL BD.

  • What is a “patron” under Nevada Gaming Commission Regulation (NGCR) 12.060.

CLARK CTY. VS. BEAN

  • How are a workers’ compensation claimant’s permanent partial disability benefits calculated.

APCO CONSTR., INC. VS. ZITTING BROS. CONSTR., INC. 

  • Are pay-if-paid provisions in a construction contract per se void and unenforceable in Nevada.

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Nevada Appellate Courts Advance Opinions for October 1, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 1, 2020

COTTER, JR. VS. KANE

  • Can a corporate nominal defendant in a derivative action challenge or defend the underlying merits of that action.
  • What must a court consider when determining whether a shareholder plaintiff adequately represents shareholders and thus has standing to bring a derivative action.

 TURNER (STEVEN) VS. STATE 

  • Does a defendant waive or forfeit a Bruton argument where the defendant moves to sever the trial on Bruton grounds but thereafter cooperates to redact the statements and neither objects to the statements at trial nor renews the Bruton argument before the admission of the statements to the jury.

 HARVEY (ALFRED) VS. STATE

  • Does NRS 175.101 preclude a judge other than the trial judge from deciding post-trial motions where there is no evidence that the trial judge is absent, deceased, sick, or disabled.

GONZALES (MELVIN) VS. STATE

  • What types of ineffective-assistance claims are permitted by NRS 34.810(1)(a).

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Nevada Appellate Courts Advance Opinions for September 17, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 17, 2020

JESSEPH VS. DIGITAL ALLY, INC.

  • Is predicate litigation a prerequisite to an award of attorney fees under the substantial benefit doctrine.

MINERAL CO. VS. LYON CO. (NRAP 5)

  • Does the public trust doctrine permit reallocating water rights previously settled under Nevada’s prior appropriation doctrine.

Visit the Nevada Appellate Report for more legal news.