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Nevada Appellate Courts Advance Opinions for September 3, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 3, 2020

IN RE: GUARDIANSHIP OF B.A.A.R.

  • What standard of proof must a party requesting predicate factual findings show for an individual to apply for Special Immigrant Juvenile (SJI) status pursuant to NRS 3.2203.

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Nevada Appellate Courts Advance Opinions for August 27, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for August 27, 2020

IN RE: FRASIER FAMILY TRUST 

  • Must a court hold an evidentiary hearing and make factual findings when an interested person challenges a settlor’s or trustee’s fitness in accordance with NRS 164.015.

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Nevada Appellate Courts Advance Opinions for August 20, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for August 20, 2020

J.E. Johns & Assocs. v. Lindberg

  • What is the applicability of NRS 17.245(1)(a), which enables a non-settling tortfeasor to equitably offset a judgment by the settlement amount obtained from a settling tortfeasor for the same injury.

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Nevada Appellate Courts Advance Opinions for August 6, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for August 6, 2020

Lopez v. Serbellon Portillo

  • What should a court consider in determining whether reunification is viable for the purposes of Special Immigrant Juvenile (SIJ) status.

Willard v. Berry-Hinckley Indus.

  • Must a court apply the Yochum factors when determining if an NRCP 60(b)(1) movant has established, by a preponderance of the evidence, that sufficient grounds exist to set aside a final judgment, order, or proceeding.

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Nevada Appellate Courts Advance Opinions for July 30, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for July 30, 2020

Schueler v. Ad Art, Inc.

  • What constitutes a product within the context of the doctrine of strict products liability.

Cannon Cochran Mgmt. Servs. v. Figueroa

  • What is the scope of the law-enforcement exception to the going and coming rule in workers’ compensation matters.

Taylor v. Colon

  • Does Nevada’s anti-SLAPP statutes violate the constitutional right to a jury trial.

Clark County v. Eliason

  • Does NRS 258.007 give the Clark County Board of Commissioners the power to remove a constable from office.

State v. Nye

  • Was the search of an arrestee’s backpack a permissible search incident to arrest.

Yount v. Criswell Radovan, LLC

  • Does a party’s failure to object to the admission of evidence at trial support a conclusion that the party consented to, or was on notice of, the trial of an unpleaded counterclaim for damages.

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Nevada Appellate Courts Advance Opinions for July 16, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for July 16, 2020

In re Hughes

  • Did a family court judge violate the Nevada Code of Judicial Conduct.
  • What is the appropriate sanction for violation of the Code of Judicial Conduct where the violation is not knowing or deliberate and aggravating factors are not present.

Figueroa-Beltran v. United States

  • Is the identity of a substance an element of the crime articulated in NRS 453.333.

Lofthouse v. State

  • Is sexual conduct between certain school employees or volunteers and students who are old enough to consent to sexual conduct an unlawful act perpetrated upon the person of a minor such that it is a predicate offense for first-degree kidnapping.

Pundyk v. State

  • Is psychiatric expert witness testimony regarding a defendant’s mental state admissible for purposes of establishing that the defendant meets the not-guilty-by-reason-of-insanity standard under NRS 174.035(6).

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Nevada Appellate Courts Advance Opinions for July 9, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for July 9, 2020

State, Dep’t of Taxation v. Dist. Ct.

  • Does a government entity have possession, custody, or control over the content on the personnel cell phones of former workers hired through a temporary employment agency so as to be required under NRCP 16.1 to disclose that material.

Anthony S. Noonan IRA, LLC v. U.S. Bank

  • Can the entire amount of a homeowner’s association (HOA) yearly assessment be included in the superpriority piece of an HOA’s lien under 116.3116.

Kuptz-Blinkinsop v. Blinkinsop

  • Does NRS 11.190(1)(a), which requires that an action on a divorce decree commence within six years, apply to claims of enforcement of real property distribution in divorce decrees.

Est. of Curtis v. S. Las Vegas Med. Inv’rs

  • Is a nurse’s mistake in administering a drug to one patient, when the drug was prescribed to a different patient, as well as the alleged failure to thereafter monitor the patient, a matter of professional negligence subject to NRS 41A.071’s affidavit requirement.

Matthews v. State

  • Did the court error in denying a defendant’s Batson objection.

State, Dep’t of Corr. v. DeRosa

  • Does NRCP 4.2(a) require personal service of a petition for judicial review of an agency’s decision.

Nelson v. Nelson

  • Are orders denying a request for a joint preliminary injunction pursuant to EDCR 5.157 in a family law matter appealable under NRAP 3AA(b)(3).

Spencer v. Klementi

  • Does Nevada’s absolute privilege that attaches to judicial and quasi-judicial proceedings extend to statements made during the public-comment period of a planning-commission or improvement-district meeting,

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Nevada Appellate Courts Advance Opinions for June 26, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for June 26, 2020

Cannizzaro v. First Jud. Dist. Ct.

  • Does Nevada Rule of Professional Conduct 1.7 prohibit the Legislative Counsel Bureau Legal Division from representing legislative defendants in an action filed against them by Nevada state senators.

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Nevada Appellate Courts Advance Opinions for June 18, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for June 18, 2020

Droge v. AAAA Two Star Towing, Inc.

  • What conduct, undertaken in the course of a self-help repossession of a vehicle, constitutes a breach of peace such that the privilege to enter real property without judicial process and retake collateral afforded by NRS 104.9609 no longer applies to those engaged in the repossession effort.

Honea v. State

  • Under the 2007 version of Nevada’s sexual assault statute, NRS 200.333, is age alone determinative of nonconsent or of the victim’s ability to resist or understand the nature of the sexual conduct.

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Nevada Appellate Courts Advance Opinions for June 4, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for June 4, 2020

Belcher v. State

  • What factors are considered to help determine whether the Nevada Supreme Court should consider an error’s harmlessness when the State has not argued harmlessness in a death penalty case.

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