Supreme Court of Nevada Decisions 2011
Date: December 29, 2011
Citation: 127 Nev. Adv. Op. No. 86
Docket Number: 54415
Justia Opinion Summary: Appellant, an LLC, purchased an "all-risks" insurance policy for an office building it owned from Insurer. The building was significantly damaged after a general contractor Appellant had hired to renovate the building…
Date: December 29, 2011
Citation: 127 Nev. Adv. Op. No. 83
Docket Number: 55308
Justia Opinion Summary: Respondent, an insurer/managed care organization, contracted with an endoscopy center and gastroenterology center (collectively, the Clinic) to provide health care services to its insureds. After the Nevada Health…
Date: December 29, 2011
Citation: 127 Nev. Adv. Op. No. 84
Docket Number: 55918
Justia Opinion Summary: After real party in interest Bobby Armstrong's vehicle collided with another vehicle, the State charged Armstrong with driving under the influence causing death and/or substantial bodily harm. A single blood sample was…
Date: December 29, 2011
Citation: 127 Nev. Adv. Op. No. 85
Docket Number: 56452
Justia Opinion Summary: A casino-hotel filed for bankruptcy. Appellant, the administrative agent for a syndicate of lenders that loaned money to the casino's developers, and Respondents, contractors, subcontractors, and suppliers who asserted…
Date: December 29, 2011
Citation: 127 Nev. Adv. Op. No. 87
Docket Number: 58853
Justia Opinion Summary: Appellant Anthony Toston pleaded guilty to first-degree kidnapping and robbery. Toston subsequently filed a petition for a writ of habeas corpus, alleging, inter alia, that his trial counsel provided ineffective…
Date: December 29, 2011
Citation: 127 Nev. Adv. Op. No. 88
Docket Number: 58854
Justia Opinion Summary: Appellant was convicted of three counts of sexual assault and three counts of sexual assault with the use of a deadly weapon causing substantial bodily harm. Appellant was sentenced to six sentences of life imprisonment…
Date: December 15, 2011
Citation: 127 Nev. Adv. Op. No. 79
Docket Number: 53360
Justia Opinion Summary: Appellant made a records request pursuant to the Nevada Public Records Act (NPRA) for email communications between the former governor and ten individuals. The State informed Appellant that the requested emails were…
Date: December 15, 2011
Citation: 127 Nev. Adv. Op. No. 80
Docket Number: 56479
Justia Opinion Summary: Appellants signed a note secured by a deed of trust on their home. Respondents, Regional Trustee Services Corporation (RTSC) and One West Bank, were the trustee and beneficiary of the deed of trust. After Appellants…
Date: December 15, 2011
Citation: 127 Nev. Adv. Op. No. 81
Docket Number: 58887
Justia Opinion Summary: Plaintiffs in the underlying action asserted product liability claims against Appellants, manufacturers of an anethestic drug that may have exposed patients to serious diseases. Before the beginning of the trial,…
Date: December 15, 2011
Citation: 127 Nev. Adv. Op. No. 82
Docket Number: 59506
Justia Opinion Summary: Plaintiffs in the underlying action asserted product liability claims against Appellants, manufacturers of an anethestic drug that may have exposed patients to serious diseases. Before the beginning of the trial,…
Date: November 23, 2011
Citation: 127 Nev. Adv. Op. No. 73
Docket Number: 52977
Justia Opinion Summary: Southern Wine and Spirits, an importer and wholesaler of certain Bordeaux wines and French champagnes in Nevada, was granted the exclusive Nevada importer of certain Bordeaux wines and French champagnes. Southern Wine…
Date: November 23, 2011
Citation: 127 Nev. Adv. Op. No. 76
Docket Number: 54752
Justia Opinion Summary: Allen Smith was fatally shot by Daniel Ott after an altercation in the lounge of the Silver Nugget. Smith's Estate filed suit against the Silver Nugget asserting negligence, wrongful death, and loss of consortium. The…
Date: November 23, 2011
Citation: 127 Nev. Adv. Op. No. 74
Docket Number: 54805
Justia Opinion Summary: The children of Helen Klasch brought a wrongful-death action against Walgreens Pharmacy after Klasch had a fatal reaction to medication dispensed by Walgreens. The pharmacy had information before releasing the medication…
Date: November 23, 2011
Citation: 127 Nev. Adv. Op. No. 77
Docket Number: 54822
Justia Opinion Summary: Employee suffered a work-related injury to his back in 2004. Employee had also suffered previous accidents resulting in injuries to his lower back. A rating physician determined that Employee's permanent partial…
Date: November 23, 2011
Citation: 127 Nev. Adv. Op. No. 78
Docket Number: 56281
Justia Opinion Summary: Paul Choy filed a complaint in district court alleging various tort claims against respondent Ameristar Casinos. According to the complaint, Choy was gambling at the Ameristar Casino Hotel Kansas City when he was…
Date: November 23, 2011
Citation: 127 Nev. Adv. Op. No. 75
Docket Number: 57245
Justia Opinion Summary: Father and Mother's stipulated Nevada divorce decree incorporated the parents' agreement that Nevada would have exclusive jurisdiction over future custody disputes. The parents had joint legal custody, but when Husband…
Date: November 10, 2011
Citation: 127 Nev. Adv. Op. No. 72
Docket Number: 57032
Justia Opinion Summary: At issue in this case was whether the district court had the authority to appoint an unwilling director trustee of a dissolved corporation for the purpose of defending actions against the corporation that arose…
Date: October 27, 2011
Citation: 127 Nev. Adv. Op. No. 68
Docket Number: 50057
Justia Opinion Summary: Appellant Edward Wilson pleaded guilty to first-degree murder and related felonies in the killing of an undercover police officer in 1979. A three-judge panel sentenced Wilson to death for the murder. In 2005, Wilson…
Date: October 27, 2011
Citation: 127 Nev. Adv. Op. No. 69
Docket Number: 51870
Justia Opinion Summary: A jury found Appellant Eugene Nunnery guilty of multiple charges and sentenced him to death for a first-degree murder conviction. Nunnery appealed, raising numerous claims of error at the guilt and penalty phases of his…
Date: October 27, 2011
Citation: 127 Nev. Adv. Op. No. 71
Docket Number: 55713
Justia Opinion Summary: From 2007 to 2008, Dorothy Rogers received Medicare benefits through Pacificare's federally-approved Medicare Advantage Plan, Secure Horizons. Rogers and Pacificare entered into separate contracts each year providing the…
Date: October 27, 2011
Citation: 127 Nev. Adv. Op. No. 70
Docket Number: 56166
Justia Opinion Summary: Appellant Margerita Cervantes allegedly contracted hepatitis C as a result of treatment she received at the Endoscopy Center of Southern Nevada (ECSN). Appellant obtained treatment at ECSN as part of the health care…
Date: October 20, 2011
Citation: 127 Nev. Adv. Op. No. 67
Docket Number: 55183
Justia Opinion Summary: Taxpayer requested a tax refund from the Nevada Department of Taxation without filing a formal refund claim based on an understanding Taxpayer had with the Department. The Department denied the request. Taxpayer then…
Date: October 13, 2011
Citation: 127 Nev. Adv. Op. No. 66
Docket Number: 55912
Justia Opinion Summary: A group of investors (Borrowers) bought a golf course by contributing part of the purchase amount in cash and financing the remaining balance through a nonrecourse loan with Community Bank of Nevada (CBN). To facilitate…
Date: October 6, 2011
Citation: 127 Nev. Adv. Op. No. 65
Docket Number: 52254
Justia Opinion Summary: Appellant Stuard Stephans and a companion stole six bottles of men's cologne from a retail department store. At trial, the State relied on the store's loss prevention officer to prove both theft and value. The officer…
Date: October 6, 2011
Citation: 127 Nev. Adv. Op. No. 60
Docket Number: 54605
Justia Opinion Summary: Appellant Joseph Francis incurred a $2 million debt at Wynn Las Vegas, a casino. When unable to collect on the debt, Wynn sued Francis for, among other things, breach of contract, conversion, and unjust enrichment. When…
Date: October 6, 2011
Citation: 127 Nev. Adv. Op. No. 61
Docket Number: 55238
Justia Opinion Summary: This matter arose out of a multi-vehicle traffic accident, which led to a dispute over who was at fault for the accident. At trial, Phillip Emerson, the attorney of one of the defendants, made a series of statements to…
Date: October 6, 2011
Citation: 127 Nev. Adv. Op. No. 62
Docket Number: 55502
Justia Opinion Summary: Mallory Warburton was working for the City of North Las Vegas when she was involved in a car accident and suffered numerous injuries. The City started paying workers' compensation benefits to Warburton at a rate of $10…
Date: October 6, 2011
Citation: 127 Nev. Adv. Op. No. 63
Docket Number: 56313
Justia Opinion Summary: In this breach of contract and fraud action, the attorney for Respondents reviewed confidential documents on disk that he received, unsolicited, from an anonymous source. Petitioners filed a motion to disqualify opposing…
Date: October 6, 2011
Citation: 127 Nev. Adv. Op. No. 64
Docket Number: 56773
Justia Opinion Summary: Tenant fell behind in its monthly rental payments to Landlord, after which Landlord obtained a summary eviction order in justice court. Landlord subsequently filed a complaint in district court against Tenant for damages…
Date: September 29, 2011
Citation: 127 Nev. Adv. Op. No. 55
Docket Number: 52272
Justia Opinion Summary: Jerome Ford was convicted of pandering of prostitution pursuant to Nev. Rev. Stat. 201.300(1)(a), which criminalizes the act of soliciting another person with the specific intent that, in response to the solicitation,…
Date: September 29, 2011
Citation: 127 Nev. Adv. Op. No. 56
Docket Number: 54327
Justia Opinion Summary: Respondent Aaron Hughes faced several criminal charges for allegedly creating three digital videos of himself engaging in sexual intercourse with a seventeen-year-old. The district court granted Hughes' motion to dismiss…
Date: September 29, 2011
Citation: 127 Nev. Adv. Op. No. 57
Docket Number: 54849
Justia Opinion Summary: Eric Spannbauer, a police officer with the North Las Vegas Police Department, was asked to resign by the City Police Department Association. Spannbauer resigned, signing a letter of agreement prepared by the Department.…
Date: September 29, 2011
Citation: 127 Nev. Adv. Op. No. 58
Docket Number: 55981
Justia Opinion Summary: These two consolidated appeals arose from the same underlying district court action in which the district court issued a final judgment against Appellants in consolidated civil cases alleging various tort, contract, and…
Date: September 29, 2011
Citation: 127 Nev. Adv. Op. No. 59
Docket Number: 57020
Justia Opinion Summary: Petitioner William Daane defaulted on a loan secured by a mortgage on his residence. CR Title Services, the trustee of the deed of trust, filed a notice of default to initiate the foreclosure process. Daane opted to…
Date: September 22, 2011
Citation: 127 Nev. Adv. Op. No. 54
Docket Number: 54121
Justia Opinion Summary: After a jury trial, Appellant Ramon Adam was convicted of trafficking in a controlled substance. During trial, Appellant sought a jury instruction on the procuring agent defense, which generally provides that if a…
Date: September 8, 2011
Citation: 127 Nev. Adv. Op. No. 53
Docket Number: 56065
Justia Opinion Summary: At issue in this extraordinary writ proceeding was whether Nev. Rev. Stat. 11.259(1) compels dismissal where the initial pleading in an action alleging nonresidential construction malpractice was served without filing…
Date: August 4, 2011
Citation: 127 Nev. Adv. Op. No. 46
Docket Number: 53973
Justia Opinion Summary: A California district court found that Desert Outdoor Advertising engaged in unlawful business practices through its violation of city ordinances prohibiting Desert Outdoor's erection of an outdoor billboard. The court…
Date: August 4, 2011
Citation: 127 Nev. Adv. Op. No. 47
Docket Number: 54502
Justia Opinion Summary: Las Vegas Metropolitan Police Department (LVMPD) was named as a defendant in an action alleging civil rights violations. LVMPD had an insurance policy with respondent Coregis Insurance to protect against liability for…
Date: August 4, 2011
Citation: 127 Nev. Adv. Op. No. 48
Docket Number: 54774
Justia Opinion Summary: Respondent Andrea McNulty filed a complaint in a district court located in Washoe County, alleging tort claims against appellant Ben Roethlisberger and eight other defendants. The events on which the allegations were…
Date: August 4, 2011
Citation: 127 Nev. Adv. Op. No. 49
Docket Number: 53872
Justia Opinion Summary: After Father received sole custody of Child, Father and Child lived with Grandmother. Father and Child then moved. Later, Father stopped allowing Child to see Grandmother. Grandmother then sought court-ordered…
Date: August 4, 2011
Citation: 127 Nev. Adv. Op. No. 50
Docket Number: 54850
Justia Opinion Summary: Appellant Collie Hawkins was convicted, pursuant to a jury verdict, of conspiracy to violate the Uniform Controlled Substances Act. On appeal, Hawkins contended that the district court erred by rejecting his challenges…
Date: August 4, 2011
Citation: 127 Nev. Adv. Op. No. 51
Docket Number: 55633
Justia Opinion Summary: Pedro Gallegos was injured by David Gonzalez in a car accident. At the time of the accident, Gonzalez was driving a car rented from respondent Malco Enterprises, for which he purchased a liability insurance policy issued…
Date: August 4, 2011
Citation: 127 Nev. Adv. Op. No. 52
Docket Number: 56435
Justia Opinion Summary: Kelly Encoe alleged that he was struck by a taxicab owned by petitioner Yellow Cab of Reno and driven by Timothy Willis. In his amended complaint, Encoe asserted that Yellow Cab was liable for Encoe's injuries under a…
Date: July 28, 2011
Citation: 127 Nev. Adv. Op. No. 45
Docket Number: 56928
Justia Opinion Summary: This case involved consolidated petitions for writs of mandamus challenging district court rulings regarding the admissibility of expert testimony. The petitions arose out of two separate actions resulting from an…
Date: July 21, 2011
Citation: 127 Nev. Adv. Op. No. 43
Docket Number: 53813
Justia Opinion Summary: Brian Rose was convicted of second-degree murder with the use of a deadly weapon. During the trial, the State relied on the felony-murder rule as one of its theories for second-degree murder. On appeal, Rose contended…
Date: July 21, 2011
Citation: 127 Nev. Adv. Op. No. 44
Docket Number: 54747
Justia Opinion Summary: During a routine traffic stop, police officers developed what the district court found was a reasonable suspicion that the car's passenger, appellant Arturo Cortes, was armed and dangerous. The police ordered Cortes out…
Date: July 14, 2011
Citation: 127 Nev. Adv. Op. No. 41
Docket Number: 51758
Justia Opinion Summary: After Clark and Sullivan Constructors (C&S), a general contractor, solicited bids for a public works project, Dynalectric, a subcontractor, submitted a bid to perform electrical work on the project. C&S incorporated…
Date: July 14, 2011
Citation: 127 Nev. Adv. Op. No. 42
Docket Number: 56828
Justia Opinion Summary: Jessica Winkle pleaded guilty to causing the death of another by driving under the influence of alcohol, in violation of the statute currently codified as Nev. Rev. Stat. 484C.430. Winkle was sentenced to two to five…
Date: July 7, 2011
Citation: 127 Nev. Adv. Op. No. 30
Docket Number: 54947
Justia Opinion Summary: This appeal arose out of an ongoing conflict between Washoe County and certain taxpayers in Incline Village and Crystal Bay regarding property tax valuation, equalization, and collection. At issue was whether the…
Date: July 7, 2011
Citation: 127 Nev. Adv. Op. No. 31
Docket Number: 55470
Justia Opinion Summary: American Home Shield of Nevada (AHS) sought a refund on insurance premium taxes it had erroneously paid on service contracts for four years exempt from taxation under statute. The department of taxation granted AHS a…
Date: July 7, 2011
Citation: 127 Nev. Adv. Op. No. 32
Docket Number: 54165
Justia Opinion Summary: The Nevada legislature amended a law to require the Colorado River Commission (CRC) to transfer land to Clark County. The state land registrar refused to deed a portion of the land to the county, believing the land,…
Date: July 7, 2011
Citation: 127 Nev. Adv. Op. No. 33
Docket Number: 46623
Justia Opinion Summary: Policyholder Robert Sparks was sued by victims and families of an automobile accident in which Sparks was involved. Sparks's insurance company, Benchmark, filed an interpleader action, seeking permission to deposit the…
Date: July 7, 2011
Citation: 127 Nev. Adv. Op. No. 34
Docket Number: 52428
Justia Opinion Summary: David Saletta was found guilty by a jury of indecent exposure. After the verdict was published and in response to Saletta's request for a jury poll, the district court polled the jury. During the poll, the seventh juror…
Date: July 7, 2011
Citation: 127 Nev. Adv. Op. No. 35
Docket Number: 53225
Justia Opinion Summary: Appellant Joonsong Jitnan and his wife instituted a personal injury action against Ryan Oliver for injuries arising out of an automobile accident. During the voir dire, appellants exercised a challenge for cause to a…
Date: July 7, 2011
Citation: 127 Nev. Adv. Op. No. 36
Docket Number: 55458
Justia Opinion Summary: Debbie Costello and Philip Casler were involved in an automobile accident, after which Casler died from unrelated causes. Costello submitted a claim with Casler's insurance provider, American Family, for injuries…
Date: July 7, 2011
Citation: 127 Nev. Adv. Op. No. 37
Docket Number: 54988
Justia Opinion Summary: Appellants Wade and Brenda Smith owned shares of common stock in Pachinko World. Cede & Co. held the shares in street name, making appellants the beneficial owners. After Pachinko World merged into Kisorin, Kisorin sent…
Date: July 7, 2011
Citation: 127 Nev. Adv. Op. No. 38
Docket Number: 55695
Justia Opinion Summary: Redrock Valley Ranch (RVR) proposed to export water from one hydrographic basin to another in northern Nevada. Both basins lie in Washoe County. The state engineer approved the transfer applications. The county, however,…
Date: July 7, 2011
Citation: 127 Nev. Adv. Op. No. 39
Docket Number: 56393
Justia Opinion Summary: The Pasillases purchased a home with a loan from American Brokers Conduit. The note and deed of trust were assigned to HSBC, and later, Power Default Services became a substitute trustee. The servicer for the loan was…
Date: July 7, 2011
Citation: 127 Nev. Adv. Op. No. 40
Docket Number: 55216
Justia Opinion Summary: Appellant Moises Leyva received a quitclaim deed in exchange for taking over monthly mortgage payments on a house. Leyva did not expressly assume the mortgage note. After defaulting on the mortgage, Leyva elected to…
Date: June 2, 2011
Citation: 127 Nev. Adv. Op. No. 25
Docket Number: 54913
Justia Opinion Summary: Appellant was convicted by a jury of driving under the influence of a controlled substance causing substantial bodily harm. Part of the evidence heard by the jury came from a paramedic who took appellant by ambulance to…
Date: June 2, 2011
Citation: 127 Nev. Adv. Op. No. 26
Docket Number: 53518
Justia Opinion Summary: A group of homeowners brought suit against respondent, a developer and general contractor. Respondent then filed a third-party complaint against appellant, its subcontractor, pursuant to the indemnity clause in their…
Date: June 2, 2011
Citation: 127 Nev. Adv. Op. No. 27
Docket Number: 54667
Justia Opinion Summary: Appellant was charged with a felony DUI, pleaded not guilty and went to trial where a jury convicted him. At issue was Nev. Rev. Stat. 484C.340, which allows a defendant who pleads guilty or nolo contendere to a first…
Date: June 2, 2011
Citation: 127 Nev. Adv. Op. No. 28
Docket Number: 57800
Justia Opinion Summary: In 2010, Brian M. Walsh filed a complaint against, among others, petitioner Benjamin A. Lund. Petitioner added counterclaims of his own against Walsh and several additional counterclaim defendants. The district court…
Date: June 2, 2011
Citation: 127 Nev. Adv. Op. No. 29
Docket Number: 54823
Justia Opinion Summary: In 2006, appellant’s vehicle was stolen from respondent hotel’s valet parking lot. Appellant’s insurer issued a check to appellant for the cost of the vehicle but not including the cost of customizations. Appellant filed…
Date: May 26, 2011
Citation: 127 Nev. Adv. Op. No. 21
Docket Number: 53436
Justia Opinion Summary: The district courts reached different conclusions regarding whether inmates were entitled to due process protections related to their parole release hearings. In 2007, Respondent Richard Morrow was certified as not being…
Date: May 26, 2011
Citation: 127 Nev. Adv. Op. No. 22
Docket Number: 55228
Justia Opinion Summary: After the Nevada Tax Commission denied Petitioner Southern California Edison's claims for refunds of use taxes, Edison filed a complaint in the district court seeking relief. The district court ordered that the matter…
Date: May 26, 2011
Citation: 127 Nev. Adv. Op. No. 23
Docket Number: 50668
Justia Opinion Summary: Appellant Roy Sparks and Jeffrey Clack got into a fistfight during a college football tailgate event. Appellant was injured, and he filed suit against Clack and several entities that sponsored the event. Appellant also…
Date: May 26, 2011
Citation: 127 Nev. Adv. Op. No. 24
Docket Number: 57649
Justia Opinion Summary: Confronting a statewide budget crisis, the Nevada Legislature undertook several revenue-adjustment and cost cutting measures in an effort to balance the State's budget. Those measures were codified in Assembly Bill 6 (AB…
Date: May 19, 2011
Citation: 127 Nev. Adv. Op. No. 18
Docket Number: 54933
Justia Opinion Summary: Patricia McClain was at a nail salon having her nails done when Defendant Timothy Hobbs entered and became belligerent. After an argument between the two, Defendant left the salon, only to return later. He spit in Ms.…
Date: May 19, 2011
Citation: 127 Nev. Adv. Op. No. 19
Docket Number: 52099
Justia Opinion Summary: In 1990, Appellant Robert Stockmeier pled guilty to sexually assaulting a nine-year-old boy. Appellant’s pre-sentence investigation report (PSI) stated that Appellant used a weapon during the course of the offense, but…
Date: May 19, 2011
Citation: 127 Nev. Adv. Op. No. 20
Docket Number: 54762
Justia Opinion Summary: Appellant Lazario Ruiz was a City of North Las Vegas police officer. While off duty, Appellant got into an argument with his brother and a business associate. An investigation was launched. Based on what it perceived to…
Date: May 12, 2011
Citation: 127 Nev. Adv. Op. No. 16
Docket Number: 49732
Justia Opinion Summary: Appellant Dlynn Landreth and Respondent Amit Malik lived together between 2001 and 2004 and moved multiple times through multiple states. The couple never married and had no children. Ms. Landreth ended the relationship…
Date: May 12, 2011
Citation: 127 Nev. Adv. Op. No. 17
Docket Number: 51629
Justia Opinion Summary: The Shoen family controls AMERCO. AMERCO engaged in numerous business transactions with SAC entities, which are real estate holding companies controlled by AMERCO shareholder and executive Mark Shoen. Based on several…
Date: May 6, 2011
Citation: 127 Nev. Adv. Op. No. 15
Docket Number: 56239
Justia Opinion Summary: In May, 2008, Real-Party-In-Interest Roxanne Cagnina arrived at Centennial Hills Hospital for medical treatment. During her stay, she was allegedly sexually assaulted by a member of the hospital staff. She brought a…
Date: May 5, 2011
Citation: 127 Nev. Adv. Op. No. 13
Docket Number: 54779
Justia Opinion Summary: In 2006, Respondent Cordillera Fund, LP, purchased shares in Appellant American Ethanol for $3 per share. In 2007, shareholders of American Ethanol sought to merge with AE Biofuels, and notified their shareholders of its…
Date: May 5, 2011
Citation: 127 Nev. Adv. Op. No. 14
Docket Number: 55159
Justia Opinion Summary: Appellant Mildred Powell filed an insurance claim with respondent Liberty Mutual Fire Insurance Company to cover damage to her house. Liberty Mutual denied the claim, stating that the damage was excluded under the “earth…
Date: April 28, 2011
Citation: 127 Nev. Adv. Op. No. 12
Docket Number: 54689
Justia Opinion Summary: In 1985, Appellant Eugene Donlan was sentenced to probation by a California court for lewd and lascivious behavior involving a child. He was required to register as a sex offender. In 2005, Appellant moved to Nevada.…
Date: March 31, 2011
Citation: 127 Nev. Adv. Op. No. 10
Docket Number: 54569
Date: March 17, 2011
Citation: 127 Nev. Adv. Op. No. 8
Docket Number: 54442
Date: March 3, 2011
Citation: 127 Nev. Adv. Op. No. 5
Docket Number: 54332
Date: March 3, 2011
Citation: 127 Nev. Adv. Op. No. 6
Docket Number: 56480
Date: February 10, 2011
Citation: 127 Nev. Adv. Op. No. 2
Docket Number: 52861
