Tag: NRS 116.3116

Nevada Appellate Courts Advance Opinions for August 2, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for August 2, 2018

COLES (BRENT) VS. BISBEE

  • Does the Parole Board’s use of the Static-99R recidivism risk assessment comply with the relevant statutory provisions governing parole review for prisoners convicted of sexual offenses.

SHORES VS. GLOBAL EXPERIENCE SPECIALISTS, INC.

  • Must a noncompete agreement that imposes a nationwide restriction be limited to the geographical areas in which an employer has particular business interests.

N. NEVADA HOMES, LLC VS. GL CONSTR., INC.

  • What is the proper method of determining the prevailing party when faced with both a settlement and a damages recovery.

IN RE: PARENTAL RIGHTS AS TO S.L., N.R.B., H.R.B., W.C.B. C/W 71889

  • Does the termination of parental rights bases on the parents’ refusal to admit to abuse violate their Fifth Amendment rights.

SFR INVESTMENTS POOL 1, LLC VS. BANK OF NEW YORK MELLON (NRAP 5)

  • Does NRS 116.31168(1)’s incorporation of NRS 107.090 require a homeowner’s association to provide notices of default and/or sale to persons or entities holding a subordinate interest even when such persons or entities did not request notice, prior to the amendment that took effect on October 1, 2015.

GRANADA-RUIZ (GAMBINO) VS. DIST. CT. (STATE)

  • When does double jeopardy prohibit a retrial.

CLARK CTY. VS. HQ METRO, LLC

  • Does an order for immediate occupancy permitting a party to occupy a permanent easement vest a right to compensation.

NEVADA RECYCLING AND SALVAGE, LTD VS. RENO DISPOSAL CO., INC.

  • Were the appellants injured in their business and therefore have standing to assert their claim under the Nevada Unfair Trade Practice Act (UTPA).

HUBBARD (CORY) VS. STATE

  • Must the defense place intent or absence of mistake at issue before the State can seek admission of prior act evidence.

RIPPO (MICHAEL) VS. STATE (DEATH PENALTY-PC)

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Nevada Appellate Courts Advance Opinions for May 17, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for May 17, 2018

EUREKA CTY. VS. DIST. CT. (SADLER RANCH, LLC)

  • Are junior water rights holders entitled to notice of and an opportunity to participate in a district court’s consideration of a curtailment request.

SATICOY BAY LLC SER. 9641 CHRISTINE VIEW VS. FED. NATIONAL MORTG. ASS’N.

  • Does a regulated entity like Fannie Mae have standing to assert the Federal Foreclosure Bar in a quiet title action.
  • Does the Federal Foreclosure Bar preempt NRS 116.3116, which allows a homeowners’ association foreclosure on a superpriority lien to extinguish a first deed of trust.

66652 – MOORE (RANDOLPH) VS. STATE (DEATH PENALTY-PC)

  • Did the State’s withholding of impeachment evidence violate Brady v. Maryland.

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Nevada Appellate Courts Advance Opinions for February 1, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for February 1, 2018

SFR INV.’S POOL 1, LLC VS. FIRST HORIZON HOME LOANS

  • How do the notice provisions of NRS 116.31162 apply amidst competing foreclosure sales by a bank and a homeowner’s association.

 CASTILLO VS. UNITED FED. CREDIT UNION

  • Is aggregation of putative class member claims permitted to determine jurisdiction.
  • Can a claim for statutory damages be combined with a claim for the elimination of the deficiency amount asserted to determine jurisdiction.
  • Does an assertion of injunctive relief establish jurisdiction.

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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.

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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.

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