Nevada Appellate Courts Advance Opinions for September 17, 2020

Nevada Appellate Courts Advance Opinions for September 17, 2020

JESSEPH VS. DIGITAL ALLY, INC.

  • Is predicate litigation a prerequisite to an award of attorney fees under the substantial benefit doctrine.

MINERAL CO. VS. LYON CO. (NRAP 5)

  • Does the public trust doctrine permit reallocating water rights previously settled under Nevada’s prior appropriation doctrine.

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Nevada Appellate Courts Advance Opinions for May 2, 2019

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.

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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.