Nevada Appellate Courts Advance Opinions for July 9, 2020

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,

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Nevada Appellate Courts Advance Opinions for September 13, 2018

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.

Visit the Nevada Appellate Report for more legal news.