Category: Uncategorized

Nevada Appellate Courts Advance Opinions for November 15, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 15, 2018

STATE VS. PLUNKETT (ALEXIS)

  • Can a person who is not a prisoner be held vicariously liable under NRS 212.165(4), which prohibits prisoners in jail from possessing a cellphone or other portable telecommunications device.

PATIN VS. LEE

  • Is an attorney’s statement on a website summarizing a jury’s verdict protected under NRS 41.660, Nevada’s anti-SLAPP statute.

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Nevada Appellate Courts Advance Opinions for November 8, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 8, 2018

STATE, LOCAL GOV’T EMPLOYEE-MGMT. RELATIONS BD. VS. EDUC. SUPPORT EMPLOYEES ASS’N

  • Is the vote-counting standard mandated by NRS 288.160 and Nevada Administrative Code (NAC) 288.110 a majority of the members of the bargaining unit or a majority of the votes cast.

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Nevada Appellate Courts Advance Opinions for November 1, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 1, 2018

SARFO VS. STATE, BD. OF MED EXAM’RS

  • Do a physician’s due process rights attach at the investigation stage of a complaint made to the Nevada State Board of Medical Examiners.

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Nevada Appellate Courts Advance Opinions for October 25, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 25, 2018

CLARK CTY. SCHOOL DIST. VS. LAS VEGAS REVIEW-JOURNAL

  • How should a court determine if a government entity should redact information in a public records request.

WILLIAMS (GREGORY) VS. STATE

  • Did the district court err in denying a defendant’s Batson challenge to the State’s use of a peremptory strike to remove an African-American woman from the venire.
  • What is the procedure for admitting or excluding evidence to show that a young victim had the knowledge to contrive sexual allegations.

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Nevada Appellate Courts Advance Opinions for October 18, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 18, 2018

MULKERN VS. DIST. CT. (CLARK CTY. DEP’T OF FAMILY SERV.’S)

  • Does NRS 432B.550(5)(a)’s sibling presumption apply after one of the siblings has been adopted.

PUB. EMPLOYEES’ RETIREMENT SYS. OF NEVADA VS. NEVADA POLICY RESEARCH INST., INC.

  • Does the Nevada Public Records Act require the Public Employees’ Retirement System of Nevada (PERS) to disclose certain employment and pension payment information about its government retirees held in its computer database when sought through a public records request.

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Nevada Appellate Courts Advance Opinions for October 4, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 4, 2018

HOWARD VS. HUGHES

  • Must the initial presumption that cotenants share equally be successfully rebutted through evidence of lack of relatedness or donative intent prior to the court dividing the property or proceeds.

DOLORFINO VS. UNIV. MED. CTR. OF S. NEVADA

  • When is a plaintiff required to attach a supporting affidavit from a medical expert to a complaint for the purposes of NRS 41A.100(1)(d).

RODRIGUEZ VS. FIESTA PALMS, LLC

  • Did the district court abuse its discretion when it denied a 60(b)(1) motion for relief to an unrepresented litigant who knowingly neglected procedural requirements and then failed to promptly move for relief.

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Nevada Appellate Courts Advance Opinions for September 27, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 27, 2018

WARREN, JR. (JOSEPH) VS. DIST. CT. (STATE)

  • Does NRS 178.562(2) limit the State’s options after the justice court dismisses a criminal complaint that charges felony and/or gross misdemeanor offenses such that the State can only file a motion for leave to file an information by affidavit or obtain a grand jury indictment and cannot appeal the justice court’s decision to the district court.

HALL PRANGLE & SCHOONVELD, LLC VS. DIST. CT. (PETERSON) C/W 70083

  • Can a court use the collective knowledge doctrine to aggregate employees’ knowledge to impose discovery sanction orders.
  • Does a district court’s citation to the Rules of Professional Conduct in support of a determination of attorney misconduct cause reputational harm that amounts to a sanction.

DECHAMBEAU V. BALKENBUSH

  • What controls the duration and scope of a stipulation.

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Nevada Appellate Courts Advance Opinions for September 13, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 13, 2018

WELLS FARGO BANK, N.A. VS. RADECKI

  • Is a regularly conducted, non-collusive NRS Chapter 116 foreclosure sale exempt from the Uniform Fraudulent Transfer Act (UFTA) pursuant to NRS 112.170(2).
  • Does an alleged inaccuracy in a foreclosure deed invalidate an otherwise valid foreclosure sale.

IN RE: CONNELL LIVING TRUST

  • Does a trust beneficiary forfeit interest in the trust’s assets pursuant to a no-contest clause penalty by breaching her fiduciary duties while acting in her dual capacity as trustee.

BANK OF AMERICA, N.A. VS. SFR INV.’S POOL 1, LLC

  • Does a first deed of trust holder’s unconditional tender of a superpriority amount due result in the buyer at foreclosure taking the property subject to the deed of trust.

BAIGUEN VS. HARRAH’S LAS VEGAS, LLC

  • When does an injury arising from an employer’s failure to provide medical assistance to an employee arise out of and in the course of the employment.

IBARRA (GABRIEL) VS. STATE

  • Does a person who asks to borrow another person’s property temporarily while intending to steal it permanently, take the property without the other person’s consent for purposes of NRS 205.270(1) (larceny from a person).

ROSENBERG LIVING TRUST VS. MACDONALD HIGHLANDS REALTY, LLC C/W 70478

  • Does Nevada recognize implied restrictive covenants based on a common development scheme.

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Nevada Appellate Courts Advance Opinions for September 6, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 6, 2018

DUNHAM (JOHN) VS. STATE

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Nevada Appellate Courts Advance Opinions for August 30, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for August 30, 2018

O’CONNELL V. WYNN LAS VEGAS, LLC

  • Must a lawyer, who represents a client on a contingency fee basis, provide proof of hourly billing records before he or she can be awarded attorney fees that are otherwise allowed by agreement, rule, or statute.

LASTINE V. STATE

MOONEY V. STATE

  • When does a private individual act as an agent or instrument for the government implicating the protections of the Fourth Amendment from an unreasonable search and seizure.

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