Nevada Appellate Courts Advance Opinions for July 18, 2019
CAMERON, JR. (TIMMIE) VS. DIST. CT. (STATE)
- Can a district court raise the bail amount for an offense originally set in justice court.
Category: Uncategorized
Nevada Appellate Courts Advance Opinions for July 3, 2019
Nevada Appellate Courts Advance Opinions for July 3, 2019
AMAYA VS. GUERRERO RIVERA (CHILD CUSTODY)
- Can a child custody order satisfy the dependency or custody prong for Special Immigrant Juvenile status (SIJ) predicate findings.
- Does a showing that reunification with one parent is not viable satisfy the reunification prong for SIJ findings.
U.S. BANK NAT’L ASS’N ND VS. RESOURCES GRP., LLC
- How should a foreclosing HOA determine the address to send a notice of default to a first deed of trust holder absent a formal request.
BOESIGER VS. DESERT APPRAISALS, LLC
- Is expert witness testimony necessary to establish the professional standard of care governing real estate appraisals.
- What is the relevant sentencing statute for the purposes of applying statutory credits to the minimum term of an offender’s sentence.
SATICOY BAY LLC SER. 9050 W WARM SPRINGS 2079 VS. NEV. ASS’N SERV.’S
- Does NRS116.31166 permit the use of funds provided for the foreclosure price held in trust to redeem a property.
- Is substantial compliance sufficient for the purposes of NRS Chapter 116’s redemption statute’s notice requirement.
PARDEE HOMES OF NEVADA VS. WOLFRAM
- Do attorney fees incurred by a plaintiff in bringing a two-party breach-of-contract claim against a defendant constitute special damages which would warrant an award of attorney fees.
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Nevada Appellate Courts Advance Opinions for June 27, 2019
Nevada Appellate Courts Advance Opinions for June 27, 2019
WASTE MGMT. OF NEVADA, INC. VS. WEST TAYLOR ST., LLC
- Does reference to the mechanics’ lien statute in Nevada’s garbage lien statute, NRS 444.520(3), incorporate only the mechanics’ lien statute’s procedural requirements for foreclosure as set forth in NRS 108.239 or does that reference also incorporate requirements of perfecting a lien, as set forth in NRS 108.226.
- Is foreclosure of a garbage lien subject to a statute of limitations.
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Nevada Appellate Courts Advance Opinions for June 13, 2019
Nevada Appellate Courts Advance Opinions for June 13, 2019
KIM VS. DICKINSON WRIGHT, PLLC
- Does 28 U.S.C. § 1367(d) toll the statute of limitations for a state-law claim filed in federal court under supplemental jurisdiction while the state-law claim is pending in federal court regardless of the continuation or dismissal of other claims in that action.
- Does the litigation malpractice tolling rule apply to non-adversarial proceedings.
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Nevada Appellate Courts Advance Opinions for June 6, 2019
Nevada Appellate Courts Advance Opinions for June 6, 2019
ROSE, LLC VS. TREASURE ISLAND, LLC
- When a written lease is otherwise silent, is the allegedly defaulting party entitled to “strict” or merely “substantial” compliance with the notice requirements set forth in the lease for declaring the party in default.
THE ORIGINAL ROOFING CO., LLC VS. CHIEF ADMIN. OFFICER OF THE OCCUPATIONAL SAFETY AND HEALTH ADMIN.
- How must an employer’s knowledge of violative conduct of safety laws by a supervisor be established.
- Does a witness’s testimony at trial via two-way audiovisual transmission violate a defendant’s right to confrontation.
- Can a defendant be convicted of both sexual assault and attempted sexual assault based on the same conduct.
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Nevada Appellate Courts Advance Opinions for May 30, 2019
Nevada Appellate Courts Advance Opinions for May 30, 2019
CASTILLO (WILLIAM) VS. STATE (DEATH PENALTY-PC)
- Is the weighing component of Nevada’s death penalty procedures a “fact” that must be proven beyond a reasonable doubt.
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Nevada Appellate Courts Advance Opinions for May 16, 2019
Nevada Appellate Courts Advance Opinions for May 16, 2019
- Does a presumption of vindictiveness arise when a different judge imposes a more severe sentence after retrial than the first judge.
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Nevada Appellate Courts Advance Opinions for May 2, 2019
Nevada Appellate Courts Advance Opinions for May 2, 2019
- Can a workers’ compensation insurer reduce the 25-percent lump-sum-payment limit for an employee’s PPD award when that employee has already received a lump-sum payment for a previous PPD award.
SIERRA PACIFIC INDUS. VS. WILSON, P.E.
- Does Nevada’s policy mandating beneficial use of water require application of the anti-speculation doctrine to requests for extensions of time such that a permittee who is not planning to use the water must show evidence of its formal relationship with a third party who will be using the water in its place.
STATE, DEP’T OF CORR. VS. LUDWICK
- Must an administrative hearing officer defer to an agency’s decision when determining whether a violation is so serious that it warrants termination for a first-time offense.
TRICARICHI VS. COÖPERATIEVE RABOBANK, U.A.
- Does Nevada’s long-arm statute encompass a conspiracy theory of personal jurisdiction.
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Nevada Appellate Courts Advance Opinions for April 25, 2019
Nevada Appellate Courts Advance Opinions for April 25, 2019
IN RE: FUND FOR THE ENCOURAGEMENT OF SELF RELIANCE
- Did the district court err in ordering, under NRS 163.556, half of a wholly charitable trust’s property decanted into a newly created wholly charitable trust with the same purpose as the original charitable trust, to be administered solely by one trustee of the original trust, against the objection of co-trustees.
KOGOD VS. CIOFFI-KOGOD C/W 71147
- When can alimony be just and equitable.
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Nevada Appellate Courts Advance Opinions for March 14, 2019
Nevada Appellate Courts Advance Opinions for March 14, 2019
RESOURCES GRP., LLC VS. NEVADA ASS’N SERV.’S, INC.
- Does a person conducting a sale under NRS Chapter 116, governing nonjudicial foreclosure sales by a unit-owners’ association (UOA), have the discretion to refuse to issue a foreclosure deed to the highest bidder at a foreclosure sale after payment has been made, when it is later determined that the delinquency amount may have been paid by the property owner before the sale.