Tag: NRS 41.660

Nevada Appellate Courts Advance Opinions for December 31, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 31, 2020

ASSOC. RISK MGMT., INC. VS. IBANEZ

  • Are undocumented aliens who are injured while working for a Nevada employer eligible for monetary disability benefits.

IN RE: ESTATE OF HORST REVOCABLE TR.

  • What must a trustee include in a notice to beneficiaries under NRS 164.021 to trigger the 120-day limitation period challenging the validity of a trust.

MESI VS. MESI  

  • May a district court independently investigate facts in a pending matter by communicating ex parte with another court.
  • Should the second court stay an action where the same action is filed in two courts and a party contests the first court’s jurisdiction.

REPUBLIC SILVER STATE DISPOSAL, INC. VS. CASH  

  • When a tortfeasor settles with the plaintiff, may the tortfeasor assert a claim for contribution against a doctor who allegedly caused injuries in treating the original injury

DUONG, M.D. VS. FIELDEN HANSON ISAACS MIYADA ROBISON YEH, LTD  

  • May a district court blue-pencil an otherwise unenforceable noncompetition agreement pursuant to a provision therein allowing court modification to redeem unreasonable restrictive clauses.

LAS VEGAS METRO. POLICE DEP’T VS. LAS VEGAS REVIEW-JOURNAL   

  • Is the burden-shifting test adopted in Clark County School District v. Las Vegas Review-Journal, to help courts determine whether information that implicates individual privacy interest is subject to disclosure under Nevada Public Records Act (NPRA) one of general application or limited to investigative reports.
  • Does the disclosure of the Las Vegas Metropolitan Police Department (LVMPD) unit assignments implicate its officers’ nontrivial privacy interests.

SATICOY BAY, LLC SER. 133 MCLAREN VS. GREEN TREE SERV. LLC  

  • What is the effect of conclusive deed recitals pursuant to NRS 116.31166 on title disputes after a homeowner’s association lien foreclosure sale.

IN RE: ESTATE OF SCHEIDE, JR.  

  • How must a proponent of a lost will meet its burden of proof to show the will was in legal existence at a testator’s death.

KOSOR, JR. VS. OLYMPIA CO.’S, LLC  

  • Are comments made at an open homeowners’ association meeting protected by Nevada’s anti-SLAPP statutes.

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Nevada Appellate Courts Advance Opinions for October 29, 2020

Posted on by Jeff Jaeger

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 July 30, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for July 30, 2020

Schueler v. Ad Art, Inc.

  • What constitutes a product within the context of the doctrine of strict products liability.

Cannon Cochran Mgmt. Servs. v. Figueroa

  • What is the scope of the law-enforcement exception to the going and coming rule in workers’ compensation matters.

Taylor v. Colon

  • Does Nevada’s anti-SLAPP statutes violate the constitutional right to a jury trial.

Clark County v. Eliason

  • Does NRS 258.007 give the Clark County Board of Commissioners the power to remove a constable from office.

State v. Nye

  • Was the search of an arrestee’s backpack a permissible search incident to arrest.

Yount v. Criswell Radovan, LLC

  • Does a party’s failure to object to the admission of evidence at trial support a conclusion that the party consented to, or was on notice of, the trial of an unpleaded counterclaim for damages.

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Nevada Appellate Courts Advance Opinions for March 5, 2020

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for March 5, 2020

Abrams v. Sanson

  • Are statements sent to a listserv of email subscribers criticizing an attorney’s courtroom conduct and practices protected as good-faith communications under Nevada’s anti-SLAPP statutes.

9352 Cranesbill Tr. v. Wells Fargo Bank

  • Does NRS Chapter 116 limit who can satisfy a default on a superpriority portion of a lien such that a homeowner’s payment can cure a superpriority default.

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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 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.

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Does an online blogger qualify for the protections of Nevada’s news shield statute?

Posted on by Jeff Jaeger

Picture of a reporter at a typewriter

Toll v. Wilson (Nev. Supreme Ct. – Dec. 5, 2019)

Almost fifty years ago, the Nevada Legislature passed the news shield statute, NRS 49.275. The current version of the statute protects journalists who are associated with newspapers, periodicals, press associations, and radio and television programs from mandatory disclosure of confidential sources. Since the passage of the statute, the news media has undergone immense changes. Previously, most news outlets disseminated news via physically printed newspapers and magazines or by radio and television broadcasts. Now, in addition to these sources, independent bloggers disseminate news through personal websites. At issue is whether digital media falls within the protections of Nevada’s news shield statute.

Toll runs an online blog that reports on current events in Virginia City, Nevada. Initially, this blog, thestoreyteller.online (The Storey Teller), focused on the then-pending recall election of Sheriff Gerald Antinoro. Toll expressed a counter-narrative to local news sources, which he felt were publishing stories that were critical of Antinoro. After the recall election, Toll continued publishing The Storey Teller. In addition to other current events, Toll took an interest in Storey County Commissioner Lance Gilman. Toll wrote several articles that were critical of Gilman and posted them on The Storey Teller. Specifically, Toll wrote and posted articles that alleged Gilman did not live in Storey County. In response to these articles, Gilman filed suit, alleging defamation per se against Toll.

Continue reading “Does an online blogger qualify for the protections of Nevada’s news shield statute?” →

Nevada Appellate Courts Advance Opinions for January 3, 2019

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for January 3, 2019

COKER VS. SASSONE

  • What is the appropriate standard of review for a district court’s denial or grant of an anti-SLAPP motion to dismiss.
  • What conduct is a protected communication under Nevada’s anti-SLAPP statute.

FRANKS (KENNETH) VS. STATE

  • Does NRS 485.045 permit a district court to admit evidence of a separate sexual offense for purposes of proving propensity in a sexual offense prosecution.
  • Must a court hold a Petrocelli hearing in cases where the State seeks to present evidence of separate acts constituting sexual offenses for purposes of showing propensity in a current sexual offense prosecution.

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Nevada Appellate Courts Advance Opinions for November 15, 2018

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for November 15, 2018

STATE VS. PLUNKETT (ALEXIS)

  • Can a person who is not a prisoner be held vicariously liable under NRS 212.165(4), which prohibits prisoners in jail from possessing a cellphone or other portable telecommunications device.

PATIN VS. LEE

  • Is an attorney’s statement on a website summarizing a jury’s verdict protected under NRS 41.660, Nevada’s anti-SLAPP statute.

Visit the Nevada Appellate Report for more legal news.