Supreme Court of Nevada Decisions 2014
Date: December 31, 2014
Citation: 130 Nev. Adv. Op. No. 98
Docket Number: 62111
Justia Opinion Summary: Patients of certain healthcare facilities were advised to testify for blood-borne diseases after it was discovered that those healthcare facilities used unsafe injection practices during certain procedures. Plaintiffs,…
Date: December 31, 2014
Citation: 130 Nev. Adv. Op. No. 99
Docket Number: 62327
Justia Opinion Summary: Appellant, an inmate at Lovelock Correctional Center, filed a petition seeking mandamus and injunctive relief to compel Respondent, Nevada’s Chief Medical Officer, to comply with Nev. Rev. Stat. 209.382(1)(b) by…
Date: December 31, 2014
Citation: 130 Nev. Adv. Op. No. 100
Docket Number: 65934
Justia Opinion Summary: In May 2014, the City of Reno decided to lay off thirty-two firefighters. The City stated that its decision was based on a lack of funds. A collective bargaining agreement between the City and the International…
Date: December 24, 2014
Citation: 130 Nev. Adv. Op. No. 95
Docket Number: 59639
Justia Opinion Summary: Electrical problems at a plastic bag manufacturing plant led to an increased number of defective bags being produced. A dispute arose between the manufacturer and its insurer regarding what provision of the policy…
Date: December 24, 2014
Citation: 130 Nev. Adv. Op. No. 96
Docket Number: 62606
Justia Opinion Summary: Gordon and Carol Lane took out a loan secured by a piece of commercial real estate. John Serpa executed a personal guaranty upon the loan. The Lanes defaulted on their obligation, and Serpa failed to fulfill his…
Date: December 24, 2014
Citation: 130 Nev. Adv. Op. No. 97
Docket Number: 63787
Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder. Defendant’s theory of defense was that another man, Robert Belsey, killed the victim. In furtherance of his theories, Defendant designated an expert to…
Date: December 4, 2014
Citation: 130 Nev. Adv. Op. No. 92
Docket Number: 58176
Justia Opinion Summary: The purchasers of condominiums at a Las Vegas resort filed suit against approximately forty defendants, including JDI Loans, LLC and JDI Realty, LLC (collectively, the JDI entities), alleging that the resort’s marketing…
Date: December 4, 2014
Citation: 130 Nev. Adv. Op. No. 93
Docket Number: 61193
Justia Opinion Summary: NV Energy owns and operates electricity-generating plants in Nevada. NV Energy fueled two of those plants with coal obtained from mines outside Nevada and paid a use tax for its coal consumption pursuant to Nev. Rev.…
Date: December 4, 2014
Citation: 130 Nev. Adv. Op. No. 94
Docket Number: 62748
Justia Opinion Summary: Elsinore, LLC purchased a property located within the Peccole Ranch planned community that was subject to a lien for unpaid community-association assessments. Elsinore paid the outstanding association dues and then sold…
Date: November 13, 2014
Citation: 130 Nev. Adv. Op. No. 90
Docket Number: 62888
Justia Opinion Summary: Check City filed a complaint for declaratory relief seeking clarification of Nev. Rev. Stat. 604A.425, which limits the amount of a deferred deposit loan to twenty-five-percent of a borrower’s expected gross monthly…
Date: November 13, 2014
Citation: 130 Nev. Adv. Op. No. 91
Docket Number: 63311
Justia Opinion Summary: The Clark County Department of Family Services (DFS) filed a petition for protective custody of C.B. and A.L., two minor children, alleging that Mother had either physically abused or negligently supervised C.B., whose…
Date: November 6, 2014
Citation: 130 Nev. Adv. Op. No. 89
Docket Number: 65383
Justia Opinion Summary: Appellant filed an unpaid wage action against four defendants, including Video Internet Phone Installs, Inc. (VIPI). The claims against VIPI were severed from the rest of the claims and thereafter resolved. Appellant did…
Date: October 30, 2014
Citation: 130 Nev. Adv. Op. No. 87
Docket Number: 59214
Justia Opinion Summary: Appellants, performers at Sapphire Gentlemen’s Club, challenged Sapphire’s practice of paying no wages to the performers, claiming they were “employees” within the meaning of Nev. Rev. Stat. 608.010 and thus entitled to…
Date: October 30, 2014
Citation: 130 Nev. Adv. Op. No. 88
Docket Number: 59309
Justia Opinion Summary: At issue in this case was whether the Federal Deposit Insurance Corporation’s (FDIC) extender statute, 12 U.S.C. 1821(d)(14)(A), which governs the timeliness of the deficiency judgment suits that are brought by the FDIC,…
Date: October 16, 2014
Citation: 130 Nev. Adv. Op. No. 84
Docket Number: 59319
Justia Opinion Summary: Plaintiff sued Defendants for fraud and deceptive trade practices in connection with a real estate purchase and loan arrangement. The jury found in favor of Plaintiff and awarded him compensatory damages consisting of…
Date: October 16, 2014
Citation: 130 Nev. Adv. Op. No. 85
Docket Number: 61348
Justia Opinion Summary: Defendant was stopped for speeding and admitted to having smoked marijuana five hours before the stop. Law enforcement officers informed Defendant that they would perform a blood draw, during which Defendant struggled by…
Date: October 16, 2014
Citation: 130 Nev. Adv. Op. No. 86
Docket Number: 61558
Justia Opinion Summary: These consolidated writ petitions arose from a construction-defect action initiated by The Regent at Town Centre Homeowners’ Association against Oxbow Construction, LLC. Oxbow served as the general contractor of the…
Date: October 2, 2014
Citation: 130 Nev. Adv. Op. No. 76
Docket Number: 56721
Justia Opinion Summary: After a jury trial, Appellant was found guilty of first-degree kidnapping and first-degree murder of his wife. Appellant was sentenced to death for the murder. The Supreme Court affirmed the judgment of conviction,…
Date: October 2, 2014
Citation: 130 Nev. Adv. Op. No. 81
Docket Number: 59934
Justia Opinion Summary: The Copper Sands Homeowners Association (the HOA) brought an action against the developer and general contractor (collectively, the Developers) of the Copper Sands common-interest community, alleging several claims for…
Date: October 2, 2014
Citation: 130 Nev. Adv. Op. No. 77
Docket Number: 60172
Justia Opinion Summary: Appellant was convicted of battery with a deadly weapon causing substantial bodily harm. On appeal, Appellant argued that the district court erred in denying his pretrial motion for an order mandating the prosecutor to…
Date: October 2, 2014
Citation: 130 Nev. Adv. Op. No. 78
Docket Number: 60478
Justia Opinion Summary: A stock transfer agent gave a stockholder an allegedly incomplete and misleading answer to a question about its requirements for removing a restrictive legend on the stockholder’s stock. The stockholder sued the transfer…
Date: October 2, 2014
Citation: 130 Nev. Adv. Op. No. 83
Docket Number: 61233
Justia Opinion Summary: Appellant leased commercial real property from Respondent. Appellant vacated the property and ceased paying rent after a significant water intrusion event. Respondent filed a complaint alleging that Appellant breached…
Date: October 2, 2014
Citation: 130 Nev. Adv. Op. No. 82
Docket Number: 62343
Justia Opinion Summary: Defendant was charged with burglary, robbery, and abuse or neglect of an older person. After the jury venire entered the courtroom for voir dire, Defendant’s counsel sought to strike the venire on the grounds that it…
Date: October 2, 2014
Citation: 130 Nev. Adv. Op. No. 79
Docket Number: 62654
Justia Opinion Summary: When Husband and Wife divorced, the district court entered a divorce decree allocating Wife a community property interest in Husband’s Public Employees Retirement System (PERS) pension plan. The district court later…
Date: October 2, 2014
Citation: 130 Nev. Adv. Op. No. 80
Docket Number: 62666
Justia Opinion Summary: Real party in interest Michael Wiley brought a putative class action against Renown Regional Medical Center regarding its lien practices. Both parties filed motions for summary judgment. After a hearing, the district…
Date: September 18, 2014
Citation: 130 Nev. Adv. Op. No. 71
Docket Number: 53264
Justia Opinion Summary: Gilbert Hyatt, an inventor, sued the Franchise Tax Board of the State of California (FTB) in 1998 seeking damages for intentional torts and bad faith conduct allegedly committed by FTB auditors during tax audits of the…
Date: September 18, 2014
Citation: 130 Nev. Adv. Op. No. 72
Docket Number: 59752
Justia Opinion Summary: Appellants filed suit in federal court seeking a declaration that Nevada’s Live Entertainment Tax (NLET) was facially unconstitutional for violating the First Amendment. The federal court dismissed the suit. Appellants…
Date: September 18, 2014
Citation: 130 Nev. Adv. Op. No. 73
Docket Number: 60037
Justia Opinion Summary: In 2003, the Nevada Legislature enacted the Live Entertainment Tax (NLET), which imposes an excise tax on business transactions completed at facilities providing live entertainment. Appellants, exotic dancing…
Date: September 18, 2014
Citation: 130 Nev. Adv. Op. No. 74
Docket Number: 60050
Justia Opinion Summary: The mother of sixteen-month-old Max Zohar (collectively, the Zohars), filed a medical malpractice complaint against multiple defendants, including a physician, a nurse, and several EmCare entities (collectively,…
Date: September 18, 2014
Citation: 130 Nev. Adv. Op. No. 75
Docket Number: 63078
Justia Opinion Summary: A common interest community subject to covenants, conditions, and restrictions was encumbered by a note and deed of trust in favor of U.S. Bank, N.A. The former homeowners fell delinquent on their association dues and…
Date: August 28, 2014
Citation: 130 Nev. Adv. Op. No. 70
Docket Number: 62819
Justia Opinion Summary: After Appellant was arrested for child abuse his daughter was placed in the custody of Washoe County Social Services (Social Services). The family court ordered Appellant to pay child support to Social Services. After…
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 66
Docket Number: 58530
Justia Opinion Summary: Landowners filed a complaint against the City of North Las Vegas for inverse condemnation and precondemnation damages. The district court awarded Landowners precondemnation damages and attorney fees, costs, and…
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 57
Docket Number: 59210
Justia Opinion Summary: Respondent supplied steel for projects on six properties. Respondent was not fully paid for the steel delivered to the properties, and consequently, Respondent perfected mechanics’ liens on the six properties. Respondent…
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 60
Docket Number: 60065
Justia Opinion Summary: Appellant, an inmate, filed a timely post-conviction petition for writ of habeas corpus, which the district court denied on the merits. Appellant later filed a second post-conviction petition for a writ of habeas corpus,…
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 68
Docket Number: 61767
Justia Opinion Summary: At issue in this case was Nev. Rev. Stat. 11.207’s limitations period, which the Supreme Court has stated in the past does not commence for a malpractice action until the conclusion of the litigation in which the…
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 67
Docket Number: 61820
Justia Opinion Summary: The litigation privilege immunizes from civil liability communicative acts occurring in the course of judicial proceedings, even if those acts would otherwise be tortious. Nevada had long recognized this common law…
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 62
Docket Number: 61978
Justia Opinion Summary: The United States Bankruptcy Court for the District of Nevada certified three questions of law to the Supreme Court regarding the mechanic’s lien priority law, specifically, the visible-commencement-of-construction…
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 63
Docket Number: 62160
Justia Opinion Summary: Daisy Monzo gifted a condominium that she owned to an irrevocable trust for the benefit of her daughter, Charron Monzo. Daisy subsequently signed another deed transferring the condo back into her own name. Charron filed…
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 64
Docket Number: 62578
Justia Opinion Summary: In the underlying tort action, the jury rendered a verdict in favor of Plaintiff. The district court entered judgment on the verdict, resolving all issues except for attorney fees and costs. The district court…
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 58
Docket Number: 62768
Justia Opinion Summary: Appellant obtained a home loan from IndyMac Bank, F.S.B. (IndyMac F.S.B.) secured by a promissory note and deed of trust. Mortgage Electronic Registration Systems, Inc. (MERS) was the legal beneficiary of the deed of…
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 61
Docket Number: 62944
Justia Opinion Summary: Steven Jacobs, the former chief executive officer of Sands China Ltd., filed a complaint against his former employer, alleging, among other things, breach of contract claims. Throughout discovery on the issue of whether…
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 69
Docket Number: 63444
Justia Opinion Summary: Steven C. Jacobs, the former chief executive officer of Sands China Ltd., filed a complaint against his former employer, alleging, among other things, that Sands breached his employment contract. At issue in this case…
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 65
Docket Number: 63871
Justia Opinion Summary: Petitioners found allegedly defective plumbing parts in their residences. Petitioners provided Nev. Rev. Stat. Ch. 40 prelitigation notice to the general contractor/developer, Centex Homes, informing it of the alleged…
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 59
Docket Number: 65737
Justia Opinion Summary: Petitioners, a corporation and an individual, were initially represented by an attorney at a local firm in the defense of a lawsuit. Before trial was scheduled to commence, the attorney resigned his employment with the…
Date: July 10, 2014
Citation: 130 Nev. Adv. Op. No. 54
Docket Number: 59369
Justia Opinion Summary: Plaintiff underwent Lasik corrective surgery on her eyes and subsequently developed ocular complications. Plaintiff sued Dr. John L. Siems, who performed the surgery, and Siems Advanced Lasik, asserting claims for…
Date: July 10, 2014
Citation: 130 Nev. Adv. Op. No. 55
Docket Number: 61082
Justia Opinion Summary: Plaintiff was a Medicare beneficiary who received his Medicare benefits through a plan offered by Respondents, health insurance businesses that specialize in health maintenance and/or managed care and are engaged in the…
Date: July 10, 2014
Citation: 130 Nev. Adv. Op. No. 56
Docket Number: 62890
Justia Opinion Summary: The question presented in this case was whether a person can burglarize his or her own home. Plaintiff was charged with burglary while in possession of a firearm and murder with the use of a deadly weapon for entering…
Date: July 3, 2014
Citation: 130 Nev. Adv. Op. No. 53
Docket Number: 63303
Justia Opinion Summary: After a jury trial, Petitioner was convicted on several charges, including burglary, grand larceny, and obtaining property under false pretenses. After his appeal, Petitioner filed a post-conviction petition for a writ…
Date: June 26, 2014
Citation: 130 Nev. Adv. Op. No. 48
Docket Number: 56591
Justia Opinion Summary: Catherine Doan and Craig Doan divorced in 2003. The divorce decree did not include Craig’s Federal Aviation Administration (FAA) retirement benefit despite the fact that the retirement benefit was disclosed and discussed…
Date: June 26, 2014
Citation: 130 Nev. Adv. Op. No. 49
Docket Number: 57109
Justia Opinion Summary: After a jury trial, Appellant was found guilty of one count of first-degree murder, based on both premeditated and felony murder, and two counts of sexual assault. On appeal, Appellant argued that the district court…
Date: June 26, 2014
Citation: 130 Nev. Adv. Op. No. 50
Docket Number: 60598
Justia Opinion Summary: The parties in this case were unmarried parents of one child. Father established himself as the child’s father with to a written acknowledgment of paternity. After Mother relocated with the child to California without…
Date: June 26, 2014
Citation: 130 Nev. Adv. Op. No. 51
Docket Number: 61655
Justia Opinion Summary: Mother and Father divorced in Nevada pursuant to a decree that granted Mother custody of the parents’ two children and ordered Father to pay Mother child support. Father later relocated to Hawaii and ceased making child…
Date: June 26, 2014
Citation: 130 Nev. Adv. Op. No. 52
Docket Number: 61681
Justia Opinion Summary: Appellants, two taxicab drivers, brought an action against Respondents, taxicab companies, claiming damages for unpaid wages pursuant to the Minimum Wage Amendment, a constitutional amendment that revised Nevada’s…
Date: June 12, 2014
Citation: 130 Nev. Adv. Op. No. 47
Docket Number: 61424
Justia Opinion Summary: Appellant pleaded guilty to several felony offenses. Seven months after the judgment of conviction was entered, Appellant filed a motion to withdraw the guilty plea. The district court denied the motion on the merits. At…
Date: June 5, 2014
Citation: 130 Nev. Adv. Op. No. 46
Docket Number: 59630
Justia Opinion Summary: Palms Casino Resort allowed promotional actors to toss souvenirs into a crowd of patrons watching televised sporting events at the casino’s sports bar. Respondent was injured when another patron dove for a souvenir…
Date: June 5, 2014
Citation: 130 Nev. Adv. Op. No. 45
Docket Number: 62866
Justia Opinion Summary: Defendant pleaded guilty to multiple counts relating to fraudulent use of a credit card. Before sentencing, Petitioners (collectively, the surety) posted a bond for Defendant’s release. Defendant subsequently traveled to…
Date: May 30, 2014
Citation: 130 Nev. Adv. Op. No. 44
Docket Number: 58740
Justia Opinion Summary: Steve Jacobs filed a wrongful termination complaint against Las Vegas Sands Corp. (LVSC) and Sands China Ltd. after he was fired as chief executive officer of the Sands China unit. Jacobs made several allegations in the…
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 34
Docket Number: 54019
Justia Opinion Summary: Appellant was charged by three indictments with multiple felony counts regarding crimes of a sexual nature against children. Appellant requested access to information about the racial composition of the three grand jury…
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 35
Docket Number: 56146
Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy, kidnapping, and murder charges. Defendant appealed, arguing that the district court committed reversible error during the jury selection phase of trial. After…
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 36
Docket Number: 57934
Justia Opinion Summary: Corporation obtained a loan from Lenders to help pay for real property that was secured by a deed of trust on the property. Appellant, the principal and sole owner of Corporation, signed a personal guaranty of the loan,…
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 38
Docket Number: 58968
Justia Opinion Summary: Petitioner personally guaranteed a commercial real estate loan that Bank purchased. The borrowers defaulted on the loan, and Bank sought recovery of the loan’s balance from Petitioner. While the case against Petitioner…
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 39
Docket Number: 59688
Justia Opinion Summary: In 2005, Dr. Eugene Libby, an orthopedic surgeon, performed surgery on Megan Hamilton’s left knee. In an effort to combat a serious infection that had developed in the knee, Dr. Libby performed another surgery on…
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 40
Docket Number: 59976
Justia Opinion Summary: Petitioners were two German limited liability corporations who were sued by a homeowners association for alleged construction defects in plumbing parts. Petitioners moved to dismiss the complaints, arguing that the…
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 41
Docket Number: 60091
Justia Opinion Summary: Appellant pleaded guilty to robbery. At sentencing, Appellant requested that the district court amend his presentence investigation report (PSI) to exclude information that he alleged was unsupported. After a hearing,…
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 42
Docket Number: 60622
Justia Opinion Summary: After four people died from carbon monoxide poisoning while sleeping in a room above a pool heater in a motel, the motel sought coverage for the deaths from its insurer. The insurer denied coverage based on two…
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 43
Docket Number: 62151
Justia Opinion Summary: Pursuant to a plea agreement, Appellant pleaded guilty to murder, conspiracy to commit robbery, and conspiracy to commit first-degree kidnapping. Before he was sentenced, Appellant filed an objection to his Presentence…
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 37
Docket Number: 62512
Justia Opinion Summary: In this dispute over a real estate transaction, the real party in interest (KB Home) took the deposition of one of Defendants’ principals. During the deposition, the principal testified that he had refreshed his…
Date: May 15, 2014
Citation: 130 Nev. Adv. Op. No. 32
Docket Number: 59152
Justia Opinion Summary: In 2004, Appellant sustained a work injury and received temporary total disability (TTD) benefits. Appellant returned to work from 2006 until 2008, at which time his back problems recurred. Appellant received TTD…
Date: May 15, 2014
Citation: 130 Nev. Adv. Op. No. 33
Docket Number: 62771
Justia Opinion Summary: Plaintiffs filed a complaint for a deficiency judgment against Defendants. Defendants filed a motion to dismiss for failure to state a claim. The motion was eventually denied after delays due to the death of the district…
Date: May 1, 2014
Citation: 130 Nev. Adv. Op. No. 31
Docket Number: 59084
Justia Opinion Summary: Defendant was charged and convicted of sexual assault and incest for the rape of his daughter, with whom he fathered two children. Defendant appealed, arguing that because incest requires mutual consent and sexual…
Date: April 3, 2014
Citation: 130 Nev. Adv. Op. No. 24
Docket Number: 59121
Justia Opinion Summary: Defendant was charged with a felony DUI after he was pulled over for driving a vehicle with a cracked windshield. Defendant filed a motion to suppress on the ground that Deputy Wendy Jason, the investigating officer,…
Date: April 3, 2014
Citation: 130 Nev. Adv. Op. No. 25
Docket Number: 59278
Justia Opinion Summary: Randall Angel, then an inmate, filed a civil rights complaint against corrections officer Michael Cruse, in his individual capacity, alleging that Cruse violated his civil rights by filing a disciplinary charge against…
Date: April 3, 2014
Citation: 130 Nev. Adv. Op. No. 26
Docket Number: 60181
Justia Opinion Summary: Appellant was convicted of first-degree murder by child abuse following the death of an infant, Tristen Hilburn. Tristen was the victim of multiple injuries. Appellant argued that the injuries were inflicted by Crystal…
Date: April 3, 2014
Citation: 130 Nev. Adv. Op. No. 27
Docket Number: 60490
Justia Opinion Summary: Dr. Obteen Nassiri owned and operated a chiropractic practice and employed Dr. Edward Johnson as a chiropractic physician. Both Appellants were licensed chiropractic physicians in Nevada at the time. Responding to…
Date: April 3, 2014
Citation: 130 Nev. Adv. Op. No. 28
Docket Number: 60566
Justia Opinion Summary: Appellant, on behalf of her daughter, Sarah, filed a wrongful death action under Nev. REv. Stat. 41.085(4) against Wal-Mart Stores, Inc. after Sarah’s father was fatally assaulted in a Wal-Mart parking lot. The district…
Date: April 3, 2014
Citation: 130 Nev. Adv. Op. No. 29
Docket Number: 62129
Justia Opinion Summary: After a jury trial, Defendant was found guilty of domestic battery, felony possession of a controlled substance for the purpose of sale, felony possession of a controlled substance, and other crimes. The district court…
Date: April 3, 2014
Citation: 130 Nev. Adv. Op. No. 30
Docket Number: 63034
Justia Opinion Summary: Defendant was charged by information with aggravated stalking, a felony. Defendant filed a motion to suppress text messages retrieved from his cell phone as a result of his arrest, arguing that his Fourth Amendment…
Date: March 27, 2014
Citation: 130 Nev. Adv. Op. No. 16
Docket Number: 57208
Justia Opinion Summary: After a jury trial, Defendant was found guilty of battery with use of a deadly weapon resulting in substantial bodily harm. Defendant appealed, arguing that the district court erred in denying his proposed instructions…
Date: March 27, 2014
Citation: 130 Nev. Adv. Op. No. 19
Docket Number: 57324
Justia Opinion Summary: Randall and Toni Faehnrich were Mississippi residents when they entered into an automobile insurance policy with Progressive Gulf Insurance Company that was negotiated, delivered, and renewed in Mississippi. The policy…
Date: March 27, 2014
Citation: 130 Nev. Adv. Op. No. 20
Docket Number: 59290
Justia Opinion Summary: Appellants were injured in automobile accidents, but Geico, which insured both Appellants, denied coverage of their medical expenses. Appellants subsequently instituted a class action of behalf of themselves and others…
Date: March 27, 2014
Citation: 130 Nev. Adv. Op. No. 21
Docket Number: 59328
Justia Opinion Summary: Plaintiffs filed a civil complaint against The Power Company, Inc. (“TPCI”) and TPCI’s president, Rick Rizzolo. Less than five years after Plaintiffs filed their action, they entered into a settlement agreement with TPCI…
Date: March 27, 2014
Citation: 130 Nev. Adv. Op. No. 22
Docket Number: 60715
Justia Opinion Summary: Appellant was convicted of a crime and given a suspended prison sentence and placed on probation. When Defendant completed his probationary period, he was subject to a special sentence of lifetime supervision. After…
Date: March 27, 2014
Citation: 130 Nev. Adv. Op. No. 23
Docket Number: 61024
Justia Opinion Summary: Appellants appealed a district court judgment in a real property contract action. Based on Appellants’ failure to file their opening brief and appendix by the deadline and failure to comply with court rules and…
Date: March 27, 2014
Citation: 130 Nev. Adv. Op. No. 17
Docket Number: 61435
Justia Opinion Summary: The developer (“Developer”) of a residential community hired a general contractor (“Contractor”) to construct homes in the community, and Contractor subcontracted with Subcontractor for construction services.…
Date: March 27, 2014
Citation: 130 Nev. Adv. Op. No. 18
Docket Number: 62615
Justia Opinion Summary: The State charged real party in interest Jihad Zogheib with several crimes. Steven Wolfson, who was a criminal defense attorney before being appointed to the elective office he currently held, was appointed district…
Date: March 20, 2014
Citation: 130 Nev. Adv. Op. No. 15
Docket Number: 61521
Justia Opinion Summary: Appellant, a Delaware corporation registered to do business in Nevada, purchased four aircraft to transport its employees and guests to and from its worldwide establishments. Each of the aircraft consistently flew to and…
Date: March 6, 2014
Citation: 130 Nev. Adv. Op. No. 14
Docket Number: 58176
Justia Opinion Summary: After Appellants purchased condominiums and engaged in related transactions at the Las Vegas Cay Club resort, Appellants filed suit against dozens of defendants, including Cay Clubs, Jeffrey Aeder, and JDI Loans, LLC and…
Date: February 27, 2014
Citation: 130 Nev. Adv. Op. No. 9
Docket Number: 56614
Justia Opinion Summary: Appellant-homeowners filed a complaint against Respondent-contractor for negligence and breach of warranty arising from construction defects in their homes. After a trial, the jury awarded verdicts for each homeowner.…
Date: February 27, 2014
Citation: 130 Nev. Adv. Op. No. 10
Docket Number: 58345
Justia Opinion Summary: The State charged Defendant with murder and other crimes, charging the murder count as willful, deliberate, and premeditated murder and, alternatively, as felony murder in the perpetration of burglary. During the jury…
Date: February 27, 2014
Citation: 130 Nev. Adv. Op. No. 11
Docket Number: 61902
Justia Opinion Summary: The Nevada Commission on Judicial Discipline issued a verified statement of complaint against the Honorable Steven E. Jones, a family court judge, alleging that he may have violated the Nevada Code of Judicial Conduct by…
Date: February 27, 2014
Citation: 130 Nev. Adv. Op. No. 12
Docket Number: 62313
Justia Opinion Summary: At issue in this case was Nev. Rev. Stat. 50.315, which provides that the declaration of a person who collects a criminal defendant’s blood for evidentiary testing may be admitted at trial. The City of Reno charged…
Date: February 27, 2014
Citation: 130 Nev. Adv. Op. No. 13
Docket Number: 62489
Justia Opinion Summary: Steven Jacobs filed an action against Las Vegas Sands Corp. and related entities (collectively, “Sands”). During a hearing to consider sanctions as a result of Sands’s conduct in the discovery process, Sands attorney…
Date: February 20, 2014
Citation: 130 Nev. Adv. Op. No. 8
Docket Number: 64194
Justia Opinion Summary: Petitioner, a citizen of Reno who intended to run for mayor, filed a writ petition seeking extraordinary relief preventing the city clerk and chief elections officer from taking the steps necessary include either Jessica…
Date: February 13, 2014
Citation: 130 Nev. Adv. Op. No. 5
Docket Number: 57165
Justia Opinion Summary: Downing, Thorpe & James Design, Inc. (DTJ) was an architectural firm incorporated in Colorado. Thomas Thrope, one of DTJ’s three founding principals, was allowed to practice individually as a foreign architect in Nevada,…
Date: February 13, 2014
Citation: 130 Nev. Adv. Op. No. 6
Docket Number: 58000
Justia Opinion Summary: After a jury trial, Defendant was convicted of voluntary manslaughter with the use of a deadly weapon. Defendant appealed, raising several issues for the Supreme Court’s review. After consideration of the issues, the…
Date: February 13, 2014
Citation: 130 Nev. Adv. Op. No. 7
Docket Number: 63724
Justia Opinion Summary: Defendant was charged with first-offense battery constituting domestic violence, a misdemeanor. Defendant filed a notice for a jury trial, which the justice court denied. Defendant was subsequently convicted of the…
Date: February 6, 2014
Citation: 130 Nev. Adv. Op. No. 4
Docket Number: 59176
Justia Opinion Summary: Respondent filed a workers’ compensation claim for an injury he received when slipping down a flight of stairs. Liberty Mutual, Respondent’s employer’s workers’ compensation insurer, denied the claim. A hearing officer…
Date: January 30, 2014
Citations: 130 Nev. Adv. Op. No. 1, 130 Nev. Adv. Op. No. 2, 130 Nev. Adv. Op. No. 3
Docket Number: 58602
Justia Opinion Summary: Frank Sorichetti contracted Respondent to buy his property. Sorichetti reneged so Respondent sued and recorded a lis pendens against the property. Due to misinformation about the lis pendens, Countrywide Home Loans, Inc.…
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