Nevada Appellate Courts Advance Opinions for June 28, 2018
WEST SUNSET 2050 TRUST VS. NATIONSTAR MORTG., LLC
- Did a deed of trust survive an HOA foreclosure sale because the HOA failed to provide statutorily required preforeclosure notice.
Tag: NRS 116
Nevada Appellate Courts Advance Opinions for June 14, 2018
Nevada Appellate Courts Advance Opinions for June 14, 2018
CARRINGTON MORTG. HOLDINGS, LLC VS. R VENTURES VIII, LLC
- When are attorney fees and costs appropriate pursuant to NRS 116.3116(8) (2013).
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Nevada Appellate Courts Advance Opinions for May 3, 2018
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.
- Does NRS 200.604 prohibit a person from copying, without permission, a consensually recorded video depicting sexual acts.
- Did the district violate a defendant’s constitutional right to due process and his statutory right to cross-examine two examiners who had initially found him competent.
- Is striking a prospective juror based on sexual orientation permissible under the United States and Nevada Constitutions.
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Nevada Appellate Courts Advance Opinions for March 1, 2018
Nevada Appellate Courts Advance Opinions for March 1, 2018
STATE, DEP’T. OF BUS. AND INDUS., FIN. INST. DIV. VS. DOLLAR LOAN CTR., LLC
- Can a payday loan licensee sue to collect on the recovery of a loan made for the purpose of refinancing prior loans under NRS 604A.480(2).
ZENOR VS. STATE, DEP’T OF TRANSP.
- Are attorney fees prohibited under NRS 18.010(2)(b) in petitions for judicial review of an agency determination.
STATE VS. DIST. CT. (BAKER (JEFFREY))
- Did a defendant have “an adequate opportunity” to cross-examine a witness when, immediately after the State’s direct examination at the preliminary hearing, the defendant waived his right to continue the preliminary hearing.
- Does the simultaneous possession of different schedule I controlled substances constitute separate offenses under NRS 453.3385 or must the weight of the controlled substances be aggregated to form a single offense.
- Does NRS 271.595, a statute governing redemption of property sold for default on city tax assessments, create two consecutive redemption periods.
K-KEL, INC. VS. STATE, DEP’T OF TAXATION
- Did the court lack jurisdiction to consider petitions for judicial review of the Nevada Tax Commission regarding a tax refund request because they were untimely.
DEZZANI VS. KERN & ASSOC.’S, LTD. C/W 69410
- Can an attorney be held liable for a claim under NRS 116.31183 as an agent of a common-interest community homeowners’ association.
- Can attorneys litigating pro se and/or on behalf of their law firms recover attorney fees and costs.
JEREMIAS (RALPH) VS. STATE (DEATH PENALTY-DIRECT)
- Did the district court violate the defendant’s right to a public trial by closing the courtroom to members of the public during jury selection without making sufficient findings to warrant the closure.
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Nevada Appellate Courts Advance Opinions for February 1, 2018
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
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.
- 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.
- 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 27, 2017
Nevada Appellate Courts Advance Opinions for September 27, 2017
STATE ENGINEER VS. EUREKA CTY.
- When does a district court exceed its authority when an appellate court remands a case to the district court.
STATE, DEP’T. OF TRANSP. VS. DIST. CT. (NASSIRI)
- Did the Nevada Department of Transportation (NDOT) breach a settlement agreement or its implied duty of good faith and fair dealing by building an overpass adjacent to a landowner’s property.
- When is a unilateral mistake claim time-barred by the statute of limitations.
GORDON VS. GEIGER (CHILD CUSTODY)
- Did the district court violate a parent’s due process rights when it changed the terms of custody without sufficient notice to the parent.
- What are the proper procedures when the district court wants to interview a child witness.
- Should Nevada adopt the risk-utility analysis for determining whether a defendant is liable for a design defect under a strict product liability theory.
- Does a hyperlink to source material about judicial proceedings in an online petition suffice to qualify as a report for purposes of applying the common law fair report privilege.
- Did Nevada’s anti-strategic litigation against public participation (“anti-SLAPP”) statute, NRS 41.653-.670, as that statute was in effect prior to the most recent amendments in 2013, cover speech that seeks to influence an election but that is not addressed to a government agency.
HIGH NOON AT ARLINGTON RANCH HOMEOWNERS ASS’N VS. DIST. CT. (D.R. HORTON, INC.)
- Does a homeowners’ association have standing to represent (a) unit owners who purchase their units after the litigation commences, and (b) unit owners who sell their units after the litigation commences.
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Nevada Appellate Courts Advance Opinions for September 14, 2017
Nevada Appellate Courts Advance Opinions for September 14, 2017
- 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.
- 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.