Tag: NRCP 34

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,

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 September 14, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for September 14, 2017

FACKLAM VS. HSBC BANK USA

  • Does NRS 11.190(1)(b)’s statute of limitations for contract actions apply to nonjudicial foreclosures.

DITECH FINANCIAL, LLC VS. BUCKLES

  • Does NRS 200.620, which requires both parties to consent to the recording of a telephone call, apply to the recording of interstate calls when the act of recording takes place outside Nevada.

THOMAS (LACY) VS. DIST. CT. (STATE)

  • When a defendant requests a mistrial, does double jeopardy bar reprosecution when a prosecutor intentionally proceeds in a course of egregious and improper conduct that causes prejudice to the defendant.

 PROPERTY PLUS INV.’S, LLC VS. MORTG. ELEC. REGISTRATION SYS., INC.

  • Is an HOA limited to only one superpriority lien per parcel of property forever.
  • Does an HOA lien survive bankruptcy even though the homeowner’s personal obligation is extinguished upon a Chapter 7 discharge.

IN RE: DISH NETWORK DERIVATIVE LITIG. C/W 69012

  • What is the appropriate legal standard for a district court’s consideration of a company’s board of directors created special litigation committee’s (SLC) motion to defer to the SLC’s recommendation that derivative claims should be dismissed.

O.P.H. OF LAS VEGAS, INC. VS. OREGON MUT. INS. CO.

  • Does NRS 687B.360 require an insurance policy cancellation notice to contain a statement of a policyholder’s right to request additional information to be effective.
  • Under Nevada law, does an insurance broker who obtains an insurance policy for a client have a duty to monitor the client’s premium payments and to alert the client when the policy is about to be canceled for nonpayment of premiums.

PARAMETRIC SOUND CORP. VS. DIST. CT. (RAKAUSKAS)

  • Do shareholders lack standing to sue a corporation and its directors because the shareholders’ claims are derivative, not ones asserting direct injury.

PALIOTTA VS. STATE, DEP’T OF CORRECTONS

  • Did the State’s complete denial of an inmate’s request for either an Egyptian or kosher diet substantially burden the exercise of the inmate’s religious beliefs.

FRANCHISE TAX BD. VS. HYATT

  • Does the exception to government immunity for intentional torts and bad faith conduct survive the Nevada Supreme Court’s adoption of the federal test for discretionary function immunity.
  • Based on comity, is it reasonable to provide the Franchise Tax Board of the State of California (FTB) with the same protection of California law, to grant FTB immunity from punitive damages.
  • Are medical records mandatory in order to establish a claim for intentional infliction of emotional distress.

Visit the Nevada Appellate Report for more legal news.