Nevada Appellate Courts Advance Opinions for December 31, 2020

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.

Visit the Nevada Appellate Report for more legal news.

Nevada Appellate Courts Advance Opinions for October 26, 2017

Nevada Appellate Courts Advance Opinions for October 26, 2017

SZYMBORSKI VS. SPRING MTN. TREATMENT CTR.

  • How should a court determine whether a claim is for medical malpractice or ordinary negligence when dismissing a claim for failing to attach a medical expert affidavit pursuant to NRS 41A.071.

CLARK CNTY. SCHOOL DIST. VS. PAYO

  • Does the implied assumption of risk doctrine bar a student’s negligence action arising from injuries the student sustained while participating in a required activity during a physical education class.
  • How does discretionary-function immunity apply to the Clark County School District’s decision to add a floor hockey unit to the P.E. curriculum.

Visit the Nevada Appellate Report for more legal news.