Nevada Appellate Courts Advance Opinions for October 29, 2020

Nevada Appellate Courts Advance Opinions for October 29, 2020

MOORE (MAURICE) VS. STATE

  • Is the mistaken belief as to a victim’s age a defense to the crime of lewdness with a child under the age of 16.

WYNN VS. THE ASSOCIATED PRESS

  • What qualifies as an official action or proceeding warranting application of the fair report privilege to one who reports on it.

BYRNE VS. SUNRIDGE BUILDERS, INC.

  • Must a claimant have filed a construction defect lawsuit within the grace period, not merely served and NRS Chapter 40 Notice, to preserve his or her claim after the 6-year statute of repose has run.

JPMORGAN CHASE BANK, NAT’L ASS’N VS. SFR INV.’S POOL 1, LLC

  • What statute of limitations applies to an action brought to enforce the Federal Foreclosure Bar.

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Nevada Appellate Courts Advance Opinions for April 12, 2018

Nevada Appellate Courts Advance Opinions for April 12, 2018

CAIN VS. PRICE C/W 69889/70864

  • Does one party’s material breach of a contract release the non-breaching party’s contractual obligation to a third-party beneficiary.

U.S. HOME CORP. VS. THE MICHAEL BALLESTEROS TRUST

  • Does the Federal Arbitration Act (FAA) govern the arbitration agreement contained in a common-interest community’s Covenants, Conditions, and Restrictions (CC&Rs).

CLARK CTY. OFFICE OF THE CORONER/MED. EXAM’R VS. LAS VEGAS REVIEW JOURNAL

  • Is a local government entity that moved for a stay under NRCP 62, entitled to a stay of a money judgment without bond or other security.

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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.

FORD MOTOR CO. VS. TREJO

  • Should Nevada adopt the risk-utility analysis for determining whether a defendant is liable for a design defect under a strict product liability theory.

ADELSON VS. HARRIS (NRAP 5)

  • 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.

Visit the Nevada Appellate Report for more legal news.