Tag: NRCP 15

Nevada Appellate Courts Advance Opinions for October 8, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 8, 2020

WASHOE CTY. D.A.’S OFF. VS. THE SECOND JUD. DIST. CT.

  • Can a district court compel the district attorney’s office to participate in a record-sealing petition.

YOUNG VS. NEV. GAMING CONTROL BD.

  • What is a “patron” under Nevada Gaming Commission Regulation (NGCR) 12.060.

CLARK CTY. VS. BEAN

  • How are a workers’ compensation claimant’s permanent partial disability benefits calculated.

APCO CONSTR., INC. VS. ZITTING BROS. CONSTR., INC. 

  • Are pay-if-paid provisions in a construction contract per se void and unenforceable in Nevada.

Visit the Nevada Appellate Report for more legal news.

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.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for December 27, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 27, 2018

GONOR VS. DALE

  • 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.

IN RE: ESTATE OF SARGE

  • 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.

COOPER (JAMES) VS. STATE

  • What evidence satisfies the prima facie showing of race-based discrimination to determine whether a peremptory challenge is improperly based on race.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for May 3, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for May 3, 2018

DOLORES VS. STATE, DEP’T OF EMPLOYMENT SEC. DIV.

  • Is submitting a resignation when faced with a resign-or-be-fired option a voluntary resignation under NRS 612.380, thereby disqualifying an individual from unemployment benefits.

LAS VEGAS DEV. GRP., LLC VS. BLAHA

  • Do the time limitations in NRS 107.080(5)-(6) (2010) bar an action challenging an NRS Chapter 107 nonjudicial foreclosure where it is alleged that the deed of trust had been extinguished before the sale.

COTTER, JR. VS. DIST. CT. (COTTER)

  • Do documents disclosed to third parties constitute waiver of the work-product privilege.

MEI-GSR HOLDINGS, LLC VS. PEPPERMILL CASINOS, INC.

  • Does NRS 600A.030, Nevada’s Uniform Trade Secrets Act (NTSA), preclude a defendant from demonstrating that certain information is readily ascertainable and not a trade secret even though the defendant acquired the information through improper means.

FITZGERALD VS. MOBILE BILLBOARDS, LLC

  • Were allegedly defamatory statements made by an employer regarding an employee’s alleged abuse of the workers’ compensation program to obtain prescription pain medication, a violation of NRS 616D.300, absolutely privileged.

IN RE: MATTER OF E.R. C/W 73198

  • Does a familial placement preference survive the termination of parental rights.

COLEMAN (SOLOMON) VS. STATE

  • Does NRS 200.604 prohibit a person from copying, without permission, a consensually recorded video depicting sexual acts.

MORGAN (JOHN) VS. STATE

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for November 22, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 22, 2017

BRADLEY VS. DIST. CT. (HUDSON)

  • Does NRS 49.209’s privilege between a psychologist and patient apply when a criminal defendant seeks records related to a patient who is court-ordered to partake in therapy.

NATIONSTAR MORTG., LLC VS. SATICOY BAY LLC SERIES 2227 SHADOW CANYON

  • Is commercial reasonableness a relevant inquiry in an HOA foreclosure sale of real property.

YU VS. YU

  • When can a post-judgment vexatious litigant determination be challenged on appeal.

GARDNER VS. DIST. CT. (HENDERSON WATER PARK, LLC)

  • Does the alter ego doctrine apply to limited liability companies.

COLLINS (LESEAN) VS. STATE

  • Were a defendant’s constitutional rights violated on the first day of trial when the district court barred him from the courtroom for disruptive conduct for a two-hour period, during which it excused individual jurors for hardship, statutory ineligibility, and language barrier reasons.
  • Can a witness offer an opinion as to a defendant’s guilt.
  • When is a defendant entitled to a jury instruction on a lesser-included offense of voluntary manslaughter.

Visit the Nevada Appellate Report for more legal news.

Can a plaintiff appeal a court order that dismisses a complaint?

Posted on by Jeff Jaeger

Bergenfield v. BAC Home Loans Servicing (Nev. Supreme Ct. – Sep. 10, 2015)

The issue is whether a plaintiff can appeal from a district court order that dismisses a complaint but allows the plaintiff leave to amend.

The Bergenfields filed a complaint against BAC Home Loans Servicing, LP, asserting fraud and consumer fraud. BAC moved to dismiss the complaint. The district court granted BAC’s motion to dismiss but allowed the Bergenfields leave to file an amended complaint. The Bergenfields then filed a first amended complaint, once again asserting fraud and consumer fraud. Again, the district court dismissed it, allowing the Bergenfields leave to amend. However, instead of filing a second amended complaint, the Bergenfields appealed. The Nevada Supreme Court issued an order to show cause why the appeal should not be dismissed for lack of jurisdiction.

The Court noted that in the United States Court of Appeals for the Ninth Circuit, an order dismissing a complaint with leave to amend is not final and, thus, not appealable. A plaintiff, who has been given leave to amend, may not file a notice of appeal simply because he does not choose to file an amended complaint. A plaintiff must obtain a further district court determination. A plaintiff obtains such a determination by filing in writing a notice of intent not to file an amended complaint. Filing of such notice gives the district court an opportunity to reconsider, if appropriate, but more importantly, to enter an order dismissing the action, one that is clearly appealable.

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