Tag: NRS 239.010

Nevada Appellate Courts Advance Opinions for April 2, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for April 2, 2020

Cummings v. Barber

  • Does Nevada NRS 41A.100, Nevada’s res ipsa loquitur statute, apply where a surgeon fails to remove a foreign object that was implanted and left inside a patient’s body during a previous surgery.

Jaramillo v. Ramos

  • Must a plaintiff relying on NRS 41A.100, Nevada’s res ipsa loquitur statute’s presumption for a prima facie case of negligence in a medical malpractice action, provide expert testimony to survive a defendant’s summary judgment motion.

Jones v. U.S. Bank Nat’l Ass’n

  • Pursuant to NRS 104.3309, how must an enforcing party show that it had the right to enforce a note when it lost possession or acquired ownership of the note from a party that had the right to enforce it.

LVMPD v. Ctr. for Investigative Reporting

  • Does a requesting party, who requests nonconfidential public records from a governmental entity, prevail for the purposes of awarding attorney fees and costs when the parties reach an agreement that affords the requesting party access to the requested records before the court enters judgment on the merits.

145 E. Harmon II Tr. v. Res. at MGM Grand

  • Does a voluntary dismissal with prejudice convey prevailing party status on a defendant to allow the recovery of attorney fees and costs pursuant to NRS 18.010 and NRS 18.020.

In re Colman Family Revocable Living Tr.

  • Does NRS 111.781, which governs the effects of divorce on nonprobate transfers of property, revoke a spouse’s interest in property.

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Nevada Appellate Courts Advance Opinions for March 26, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for March 26, 2020

Martinez Guzman v. Second Jud. Dist. Ct.

  • Does territorial jurisdiction under NRS 172.105 confine a grand jury to inquire into offenses committed within the respective county or counties that are part of their district.

State, DETR v. Sierra Nat’l Corp.

  • Does NRS 612.265 protect from disclosure a person’s or employing unit’s identity in response to a public records request to the Department of Employment, Training, & Rehabilitation’s Employment Security Division.

Berberich v. Bank of America

  • Do the limitations period for quiet title actions in NRS 11.080 run against an owner who is in undisputed possession of land.

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Nevada Appellate Courts Advance Opinions for February 27, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for February 27, 2020

Chur v. Eighth Jud. Dist. Ct.

  • Can a corporate director or officer be held individually liable for breaching his or her fiduciary duty of care through gross negligence.

7510 Perla Del Mar Ave Tr. v. Bank of Am.

  • Does an offer to pay a superpriority amount in the future, once that amount is determined, constitute a tender sufficient to preserve a first deed of trust.

Coroner v. Las Vegas Review-Journal

  • Can the Coroner’s Office refuse to disclose a juvenile autopsy report once it has provided the report to a Child Death Review team under NRS 432B.407(6).
  • Does NRS 239.012 immunize a governmental entity from an award of attorney fees when the entity, in response to a records request, withholds public records in good faith.

Stark v. Lackey

  • Were comments posted to a public Facebook page criticizing a Nevada Department of Wildlife’s biologist’s handling of bears related to a matter of public interest such that they constituted good-faith communications entitled to anti-SLAPP protections.

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Nevada Appellate Courts Advance Opinions for February 20, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for February 20, 2020

Republican Att’ys Gen. Ass’n v. LVMPD

  • Is bodycam footage subject to the confidentiality provisions listed in the Nevada Public Records Act (NPRA).
  • Did the Las Vegas Metropolitan Police Department (LVMPD) waive its assertion of confidentiality under NRS 239.0107 or NRS 239.011 when it failed to timely respond to a request for bodycam footage and other related records.
  • Does NRS 62H.025 require a juvenile to be brought before the juvenile court for information to be considered confidential juvenile justice information.

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Nevada Appellate Courts Advance Opinions for October 25, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 25, 2018

CLARK CTY. SCHOOL DIST. VS. LAS VEGAS REVIEW-JOURNAL

  • How should a court determine if a government entity should redact information in a public records request.

WILLIAMS (GREGORY) VS. STATE

  • Did the district court err in denying a defendant’s Batson challenge to the State’s use of a peremptory strike to remove an African-American woman from the venire.
  • What is the procedure for admitting or excluding evidence to show that a young victim had the knowledge to contrive sexual allegations.

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Nevada Appellate Courts Advance Opinions for October 18, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for October 18, 2018

MULKERN VS. DIST. CT. (CLARK CTY. DEP’T OF FAMILY SERV.’S)

  • Does NRS 432B.550(5)(a)’s sibling presumption apply after one of the siblings has been adopted.

PUB. EMPLOYEES’ RETIREMENT SYS. OF NEVADA VS. NEVADA POLICY RESEARCH INST., INC.

  • Does the Nevada Public Records Act require the Public Employees’ Retirement System of Nevada (PERS) to disclose certain employment and pension payment information about its government retirees held in its computer database when sought through a public records request.

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When are government employees’ private cellphone and email records public record?

Posted on by Jeff Jaeger

Person holding a cellphone

Comstock Resident’s Ass’n vs. Lyon Cty. Bd. of Comm’rs (Nev. Supreme Ct. – Mar. 29, 2018)

In this appeal, the Supreme Court of Nevada considered a district court’s denial of a petition for a writ of mandamus to compel disclosure of records where members of the Lyon County Board of Commissioners conducted county business on private cellphones and email accounts.

In 2013, the Lyon County Board of Commissioners received an application to alter the zoning within Lyon County to allow for industrial development. The Board received reports from the county’s planning staff and held public hearings, after which they voted to recommend denying the proposed zoning change. At a subsequent meeting of the county commissioners, the issue was reintroduced and the zoning change approved. The Comstock Residents Association (CRA), brought suit against the Board, challenging the approval of the zoning change.

As part of that suit, CRA made a public records request of Lyon County and its commissioners, seeking communications concerning the approval of the zoning change, regardless of whether they occurred on public or private devices. Lyon County provided phone records, emails, and other records that were created or maintained on county equipment and some public records created on private devices as well. However, Lyon County also notified CRA that it did not provide or pay for phones or email accounts to any commissioners. The county’s website listed the commissioners’ personal phone numbers and email addresses as their contact information. The county conceded that these private telephones and email addresses were used to conduct county business.

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Nevada Appellate Courts Advance Opinions for March 29, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for March 29, 2018

SOUTHWORTH VS. DIST. CT. (LAS VEGAS PAVING CORP.)

  • Is the time to appeal outlined in the Justice Court Rules of Civil Procedure (JCRCP), specifically the time set forth in JCRCP 98, jurisdictional and mandatory, therefore removing from the district court’s jurisdiction an untimely appeal from justice court.

COMSTOCK RESIDENTS ASS’N VS. LYON CTY. BD. OF COMM’RS

  • Does the Nevada Public Records Act (NPRA) exempt public records maintained on private devices or servers from disclosure.

KING, P.E. VS. ST. CLAIR

  • What constitutes sufficient evidence of a prior owner’s intent to abandon a water right.

NULEAF CLV DISPENSARY, LLC VS. STATE, DEP’T. OF HEALTH AND HUMAN SERV.’S

  • Must NRS 453A.322(3)(a)(5)’s requirement that an applicant seeking to obtain a medical marijuana establishment registration certificate obtain approval from the local government where the establishment is to be located certifying that the applicant is in compliance with applicable zoning restrictions and building requirements, be satisfied before an applicant can receive a registration certificate.

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Nevada Appellate Courts Advance Opinions for February 27, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for February 27, 2018

THE LAS VEGAS REVIEW-JOURNAL VS. DIST. CT. (HARTFIELD)

  • Does the First Amendment permit a court to enjoin the press from reporting on a redacted autopsy report already in the public domain.

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