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.
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.
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Nevada Appellate Courts Advance Opinions for March 7, 2019
Nevada Appellate Courts Advance Opinions for March 7, 2019
BANK OF AMERICA, N.A. VS. THOMAS JESSUP, LLC SER. VII
- Does an offer to pay a superpriority amount in the future, when that amount is determined, constitute a tender sufficient to preserve a first deed of trust.
- Is a formal tender excused when the party entitled to payment represents that if a tender is made, it will be rejected.
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Nevada Appellate Courts Advance Opinions for February 28, 2019
Nevada Appellate Courts Advance Opinions for February 28, 2019
- Must a plaintiff comply with the jurisdictional naming requirement set forth in NRS 41.031 and NRS 41.0337 in order to properly proceed with civil rights claims brought pursuant to 42 U.S.C. § 1983.
HENRY (JENNIFER) VS. NEV. COMM’N ON JUDICIAL DISCIPLINE
- Does NRS 1.428 give the Nevada Commission on Judicial Discipline jurisdiction over a hearing master.
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Nevada Appellate Courts Advance Opinions for February 7, 2019
Nevada Appellate Courts Advance Opinions for February 7, 2019
PASCUA VS. BAYVIEW LOAN SERV., LLC
- May a decedent’s spouse, who has been appointed as special administrator over the decedent’s estate, elect to participate in the Foreclosure Mediation Program (FMP) regarding the decedent’s residential real property, despite the fact that the property was purchased in the decedent’s name only.
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Nevada Appellate Courts Advance Opinions for January 17, 2019
Nevada Appellate Courts Advance Opinions for January 17, 2019
BOMBARDIER TRANSP. (HOLDINGS) USA INC. VS. NEVADA LABOR COMM’R
- When does work performed under a maintenance contract qualify as “public work” under NRS 338.010(15), such that it is subject to the prevailing wage requirements.
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Nevada Appellate Courts Advance Opinions for January 3, 2019
Nevada Appellate Courts Advance Opinions for January 3, 2019
- What is the appropriate standard of review for a district court’s denial or grant of an anti-SLAPP motion to dismiss.
- What conduct is a protected communication under Nevada’s anti-SLAPP statute.
- Does NRS 485.045 permit a district court to admit evidence of a separate sexual offense for purposes of proving propensity in a sexual offense prosecution.
- Must a court hold a Petrocelli hearing in cases where the State seeks to present evidence of separate acts constituting sexual offenses for purposes of showing propensity in a current sexual offense prosecution.
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Nevada Appellate Courts Advance Opinions for December 27, 2018
Nevada Appellate Courts Advance Opinions for December 27, 2018
- Does a deceased party’s actual date of death, or the suggestion of death filed on the record, trigger the 90-day time limitation prescribed in NRCP 25(a)(1) under which a motion to substitute the proper party in place of the deceased party must be filed in order to preclude dismissal.
CAPANNA, M.D. VS. ORTH C/W 70227
- What constitutes improper jury nullification and golden rule arguments during closing argument.
HARRIS (AMMAR) VS. STATE (DEATH PENALTY-DIRECT)
- When can gruesome photographs of a victim’s injuries be properly admitted in a criminal case.
BRANCH BANKING & TR. CO. VS. GERRARD, ESQ.
- When does a litigation malpractice claim accrue.
- Is an order finally resolving a constituent consolidated case immediately appealable as a final judgment even where the other constituent case or cases remain pending.
- What evidence satisfies the prima facie showing of race-based discrimination to determine whether a peremptory challenge is improperly based on race.