Tag: NRS 233B.135

Nevada Appellate Courts Advance Opinions for December 12, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 12, 2019

Buma v. Providence Corp. Dev.

  • When is an employee who is injured while traveling away from the workplace eligible to receive workers’ compensation under the Nevada Industrial Insurance Act (NIIA).

Rosen v. Tarkanian

  • What is the appropriate test for determining if protected communications are made in good faith under Nevada’s anti SLAPP statutes.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for May 2, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for May 2, 2019

CITY OF RENO VS. YTURBIDE

  • Can a workers’ compensation insurer reduce the 25-percent lump-sum-payment limit for an employee’s PPD award when that employee has already received a lump-sum payment for a previous PPD award.

SIERRA PACIFIC INDUS. VS. WILSON, P.E.

  • Does Nevada’s policy mandating beneficial use of water require application of the anti-speculation doctrine to requests for extensions of time such that a permittee who is not planning to use the water must show evidence of its formal relationship with a third party who will be using the water in its place.

STATE, DEP’T OF CORR. VS. LUDWICK

  • Must an administrative hearing officer defer to an agency’s decision when determining whether a violation is so serious that it warrants termination for a first-time offense.

TRICARICHI VS. COÖPERATIEVE RABOBANK, U.A.

  • Does Nevada’s long-arm statute encompass a conspiracy theory of personal jurisdiction.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for December 6, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 6, 2018

STATE VS. DIST. CT. (HEARN (MATTHEW))

  • Is the prosecutorial veto within NRS 176A.290, which authorizes a district court to assign certain eligible defendants to a veterans court program, unconstitutional.

RODRIGUEZ (JUAN) VS. STATE

  • Is NRS 200.481(2)(b) an enhancement statute such that battery causing substantial bodily harm cannot be enhanced for committing a crime against a person 60 years of age or older under NRS 193.167.

STATE VS. DIST. CT. (OJEDA (FRANCISCO))

  • Does a district court have authority to order the State to disclose veniremember criminal history information it acquires from a government database that is unavailable to the defense.

LAKE TAHOE PROTECTION DIST. VS. BD. OF ADMIN.

  • Does NRS 616B.578 require an employer to prove that it had knowledge of a specific diagnosis of an employee’s preexisting condition to qualify for reimbursement on a worker’s compensation claim.

O’KEEFE VS. STATE, DEP’T OF MOTOR VEHICLES

  • What is the correct standard of review that a hearing officer must apply to a Department of Motor Vehicles (DMV) disciplinary decision to terminate an employee.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for December 14, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 14, 2017

STATE, DEP’T OF HEALTH AND HUMAN SERV.’S VS. SAMANTHA INC.

  • Is the denial of a medical marijuana dispensary application subject to judicial review.

SHUE (JOSHUA) VS. STATE

  • Does NRS 200.710 permit a separate conviction for each minor used in a visual presentation depicting sexual conduct of a child.
  • Does NRS 200.730 allow a person to be charged for each image of child pornography they possess or for each instance that a person possessed child pornography.
  • Do Nevada’s statutes barring the sexual portrayal of minors violate the First Amendment of the United States Constitution or the Due Process Clause of the Fourteenth Amendment of the United States Constitution.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for November 16, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 16, 2017

IN RE: DISCIPLINE OF CHRISTOPHER READE

  • Does SCR 102 provide for the imposition of a fine when the State Bar Disciplinary Board recommends that an attorney be suspended or disbarred.

FARMER (STEVEN) VS. STATE

  • When can offenses be joined as being committed as parts of a common plan or scheme pursuant to NRS 173.115(2).

HARRIS V. STATE

  • Can counsel’s affirmative misrepresentation regarding filing a postconviction petition and subsequent abandonment of the petitioner be an impediment external to the defense to satisfy cause for the delay under NRS 34.726(1)(a) for filing an untimely petition.

KNICKMEYER V. STATE OF NEVADA

  • Do the provisions of NRS Chapter 289, which are intended to provide job-related protections to peace officers employed by law enforcement agencies, apply to bailiffs and marshals employed by the Eighth Judicial District Court.

SIERRA PACK’G V. CHIEF AD. OFF’R OF NOSHA

  • What standard must the Nevada Occupational Safety and Health Administration utilize to establish employee exposure to hazard.

CITY OF LAS VEGAS VS. DIST. CT. (KAMIDE (STEVEN))

  • Does NRS 50.155(1) impose a duty to limit out-of-court communications between witnesses about their testimony when the witness exclusion rule has been invoked.

Visit the Nevada Appellate Report for more legal news.