Nevada Appellate Courts Advance Opinions for February 8, 2018

Nevada Appellate Courts Advance Opinions for February 8, 2018

QUINN VS. DIST. CT. (SINATRA)

  • Does a Nevada district court have authority to compel an out-of-state attorney to appear in Nevada for a deposition as a nonparty witness in a civil action pending in Nevada state court where the attorney has appeared pro hac vice in the action.

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Nevada Appellate Courts Advance Opinions for February 1, 2018

Nevada Appellate Courts Advance Opinions for February 1, 2018

SFR INV.’S POOL 1, LLC VS. FIRST HORIZON HOME LOANS

  • How do the notice provisions of NRS 116.31162 apply amidst competing foreclosure sales by a bank and a homeowner’s association.

 CASTILLO VS. UNITED FED. CREDIT UNION

  • Is aggregation of putative class member claims permitted to determine jurisdiction.
  • Can a claim for statutory damages be combined with a claim for the elimination of the deficiency amount asserted to determine jurisdiction.
  • Does an assertion of injunctive relief establish jurisdiction.

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Nevada Appellate Courts Advance Opinions for January 11, 2018

Nevada Appellate Courts Advance Opinions for January 11, 2018

OKADA VS. DIST. CT. (WYNN RESORTS, LTD.)

  • Does the gaming privilege in NRS 463.120(6), which protects certain information and data provided to the gaming authorities, apply to information requested before the effective date of the statute.

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Nevada Appellate Courts Advance Opinions for January 4, 2018

Nevada Appellate Courts Advance Opinions for January 4, 2018

HEAT & FROST INSULATORS AND ALLIED WORKERS LOCAL 16 VS. LABOR COMM’R

  • Does untimely service of a petition for judicial review of an administrative decision on the Attorney General, pursuant to NRS 233B.130(2)(c)(1), mandate dismissal of the petition.
  • Does NRS 233B.130(5)’s mandate that service of a petition for judicial review on the Attorney General be effected within 45-days, preclude a petitioner from moving for an extension of time after the 45-day period has passed.

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Nevada Appellate Courts Advance Opinions for December 28, 2017

Nevada Appellate Courts Advance Opinions for December 28, 2017

MCCROSKY VS. CARSON TAHOE REG’L MED. CTR.

  • Under what circumstances can a hospital be vicariously liable for the alleged negligence of a doctor who works at the hospital as an independent contractor.
  • Can evidence of Medicaid payments made on behalf of a plaintiff be introduced in a medical malpractice action.

BOCA PARK MARKETPLACE SYNDICATIONS GRP., LLC VS. HIGCO, INC.

  • Does the doctrine of claim preclusion prevent a tenant from suing its landlord for contract damages after having won an earlier suit against the landlord for declaratory judgment, where both suits concern the same underlying facts.

BROWN (WILLIS) VS. DIST. CT. (STATE)

  • What is the standard for determining indigency for the appointment of counsel for purposes of Widdis.
  • Must an indigent defendant request a sum certain before a motion for defense services at public expense can be considered or granted

SEGOVIA, PA-C VS. DIST. CT. (DUDA)

  • Do the 2015 Legislature amendments, adding physician assistants to NRS 41A.017, apply retroactively so as to cap their damages in medical malpractice actions.

EUREKA CTY. VS. DIST. CT. (SADLER RANCH, LLC)

  • Are junior water rights holders entitled to notice of and an opportunity to participate in a district court’s consideration of a curtailment request.

RODRIGUEZ (DANIEL) VS. STATE

  • What is the definition of “deadly weapon” within the context of battery.

HAWKINS VS. DIST. CT. (GGP MEADOWS MALL)

  • What should a district court  consider when awarding attorney fees sought for work done by a disqualified firm.

PECK VS. VALLEY HOSP. MED. CTR.

  • Does either statutory res ipsa loquitur or the common knowledge res ipsa loquitur doctrine provide an exception to the expert affidavit requirement for a medical malpractice complaint.
  • Is NRS 41A.071 unconstitutional under the Equal Protection Clause or Due Process Clause, facially, or as applied to inmates or indigent persons.

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Nevada Appellate Courts Advance Opinions for December 26, 2017

Nevada Appellate Courts Advance Opinions for December 26, 2017

ARCELLA VS. ARCELLA (CHILD CUSTODY)

  • What weight should a court afford to one parent’s objection to a child receiving a religious education.

STATE, DEP’T. OF BUS. AND INDUS., FIN. INST. DIV. VS. DOLLAR LOAN CTR., LLC

  • Can a payday loan licensee sue to collect on the recovery of a loan made for the purpose of refinancing prior loans under NRS 604A.480(2).

FRANCHISE TAX BD. VS. HYATT

  • Does the exception to immunity for intentional torts and bad-faith conduct survive the Supreme Court of Nevada’s adoption of the federal discretionary-function immunity test.
  • Is the Franchise Tax Board of the State of California (FTB) entitled to the $50,000 statutory cap on damages a similarly situated Nevada agency would be entitled to in similar circumstances.
  • Is it reasonable to provide FTB with the same protection of California law, to the extent that it does not conflict with Nevada law, to grant FTB immunity from punitive damages.

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Nevada Appellate Courts Advance Opinions for December 21, 2017

Nevada Appellate Courts Advance Opinions for December 21, 2017

ARCHON CORP. VS. DIST. CT. (HABERKORN)

  • When is it appropriate for the Supreme Court of Nevada to grant extraordinary relief in the form of advisory mandamus.

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Nevada Appellate Courts Advance Opinions for December 14, 2017

Nevada Appellate Courts Advance Opinions for December 14, 2017

STATE, DEP’T OF HEALTH AND HUMAN SERV.’S VS. SAMANTHA INC.

  • Is the denial of a medical marijuana dispensary application subject to judicial review.

SHUE (JOSHUA) VS. STATE

  • Does NRS 200.710 permit a separate conviction for each minor used in a visual presentation depicting sexual conduct of a child.
  • Does NRS 200.730 allow a person to be charged for each image of child pornography they possess or for each instance that a person possessed child pornography.
  • Do Nevada’s statutes barring the sexual portrayal of minors violate the First Amendment of the United States Constitution or the Due Process Clause of the Fourteenth Amendment of the United States Constitution.

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Is Nevada’s medical marijuana registry unconstitutional?

Is Nevada’s medical marijuana registry unconstitutional?

Doe vs. State, Legislature of the 77th Session (Nev. Supreme Ct. – Dec. 7, 2017)

In November 2000, the Nevada Constitution was amended to allow the possession and use of marijuana for the treatment or alleviation of various medical conditions. This amendment also required the Legislature to establish a registry of patients who were authorized to use marijuana for medical purposes. As a result, the Legislature enacted Assembly Bill 453, allowing registry identification cardholders to use medical marijuana without fear of state prosecution for certain marijuana-related offenses. Subsequently, the Legislature established two fees to defray the costs of administering the registration program: an application fee and a processing fee. In this appeal, the Supreme Court of Nevada examined whether Nevada’s medical marijuana registry violates the Due Process, Equal Protection, or Self-Incrimination Clauses of the United States or Nevada Constitutions.

In 2015, appellant John Doe applied for, and received, a registry identification card after his doctor recommended he try medical marijuana to treat his migraine headaches. Doe subsequently filed suit against the Nevada Legislature, the Governor, and the Department of Health and Human Services (the DHHS) (collectively, respondents). In particular, Doe argued that the medical marijuana registry and its associated fees violated his due process and equal protection rights, and his right against self-incrimination. Doe also argued that the DHHS committed fraud and was unjustly enriched by the registration fees.

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Nevada Appellate Courts Advance Opinions for December 7, 2017

Nevada Appellate Courts Advance Opinions for December 7, 2017

MULLNER (TROY) VS. STATE

  • Can a court consider felony convictions originating from juvenile offenses in habitual criminal sentencing.

IN RE: PARENTAL RIGHTS AS TO T.L.

  • When does a parent lack standing to challenge a court’s placement decision following the termination of his or her parental rights.

AGWARA VS. STATE BAR OF NEVADA

  • Can an attorney assert his Fifth Amendment right against self-incrimination to quash subpoenas issued by the State Bar that seek production of client accounting records and tax records.

NEVILLE, JR. VS. DIST. CT. (TERRIBLE HERBST, INC.)

  • Does NRS Chapter 608 provide a private right of action for unpaid wages.

ABID VS. ABID (CHILD CUSTODY)

  • Is illegally obtained evidence admissible in a child custody proceeding.

DOE VS. STATE, LEGISLATURE OF THE 77TH SESSION

  • Does Nevada’s medical marijuana registry violate the Due Process, Equal Protection, or Self-Incrimination Clauses of the United States or Nevada Constitutions.

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