Supreme Court of Nevada Decisions 2015

Barber v. State  
Date: December 31, 2015
Citation: 131 Nev. Adv. Op. No. 103
Docket Number: 62649

Justia Opinion Summary: On May 12, 2009, the State filed a juvenile delinquency petition charging Appellant with burglary and grand larceny. On August 16, 2010, the State filed a petition to certify Appellant for criminal proceedings as an adul...

State v. Boston  
Date: December 31, 2015
Citation: 131 Nev. Adv. Op. No. 98
Docket Number: 62931

Justia Opinion Summary: Defendant, who was a juvenile at the time he committed his crimes, was sentenced to serve fourteen consecutive life terms with the possibility of parole plus a consecutive term of ninety-two years in prison. In 2011, Def...

Gonzalez v. State  
Date: December 31, 2015
Citation: 131 Nev. Adv. Op. No. 99
Docket Number: 64249

Justia Opinion Summary: Appellant was convicted of first-degree murder and related crimes for the death of a member of a motorcycle gang after a brawl between two motorcycle gangs. The Supreme Court reversed Appellant’s judgment of conviction a...

Piroozi v. Eighth Judicial Dist. Court  
Date: December 31, 2015
Citation: 131 Nev. Adv. Op. No. 100
Docket Number: 64946

Justia Opinion Summary: Real parties in interest filed a professional negligence action against several healthcare providers. All defendants settled except for Petitioners. During pretrial proceedings, real parties in interest filed a motion in...

Palmieri v. Clark County  
Date: December 31, 2015
Citation: 131 Nev. Adv. Op. No. 102
Docket Number: 65143

Justia Opinion Summary: Respondents Dawn Stockman, an animal control officer for Clark County Animal Control, and Clark County obtained a warrant to search Appellant Judy Palmieri’s residence by relying in part on a tip from an informant who, P...

Scott v. First Judicial Dist. Court  
Date: December 31, 2015
Citation: 131 Nev. Adv. Op. No. 101
Docket Number: 67331

Justia Opinion Summary: Petitioner was convicted of violating Carson City Municipal Code (CCMC) 3.04.050. CCMC 3.04.050(1) makes it “unlawful for any person to hinder, obstruct, resist, delay, molest or threaten to hinder, obstruct, resist, de...

Fergason v. Las Vegas Metro. Police Dep’t  
Date: December 24, 2015
Citation: 131 Nev. Adv. Op. No. 94
Docket Number: 62357

Justia Opinion Summary: During a criminal investigation, the State had located and seized approximately $125,000 from bank accounts kept by Bryan Fergason at Bank of America. The State filed a complaint against the seized money pleading a singl...

Moultrie v. State  
Date: December 24, 2015
Citation: 131 Nev. Adv. Op. No. 93
Docket Number: 65390

Justia Opinion Summary: The State charged Defendant in a criminal complaint with a category C felony under Nev. Rev. Stat. 453.337(2)(b) but did not allege a prior conviction as required by statute. The justice court concluded that the State di...

In re P.S.  
Date: December 24, 2015
Citation: 131 Nev. Adv. Op. No. 95
Docket Number: 66410

Justia Opinion Summary: The district court denied Appellant’s request for a hearing de novo after reviewing the recommendations of a master of the juvenile court after Appellant timely requested such a hearing. The Supreme Court affirmed, holdi...

Berry v. State  
Date: December 24, 2015
Citation: 131 Nev. Adv. Op. No. 96
Docket Number: 66474

Justia Opinion Summary: Appellant was found guilty by a jury of first-degree murder with the use of a deadly weapon, burglary, and robbery. The Supreme Court affirmed. Appellant later filed a third postconviction petition for a writ of habeas c...

Newell v. State  
Date: December 24, 2015
Citation: 131 Nev. Adv. Op. No. 97
Docket Number: 66552

Justia Opinion Summary: Nev. Rev. Stat. 200.160 states that homicide is justified in response to a reasonable apprehension of the commission of a felony or in the actual resistance of an attempted felony, but the statute does not specify the ty...

Harrison v. Roitman  
Date: December 17, 2015
Citation: 131 Nev. Adv. Op. No. 92
Docket Number: 64569

Justia Opinion Summary: During Vivian Harrison’s divorce proceeding to Kirk Harrison, Kirk hired psychiatrist Norton Roitman to conduct a psychiatric analysis of Vivian. Without meeting with or examining Vivian, Dr. Roitman submitted to the cou...

Wilson v. Bourassa Law Group, LLC  
Date: December 3, 2015
Citation: 131 Nev. Adv. Op. No. 90
Docket Number: 64658

Justia Opinion Summary: Robert Cooper retained McDonald Carano Wilson LLP (Appellant) to represented him in a personal injury action. Three years into the representation, the district court granted Appellant’s motion to withdraw. Appellant perf...

Helfstein v. Eighth Judicial Dist. Court  
Date: December 3, 2015
Citation: 131 Nev. Adv. Op. No. 91
Docket Number: 65409

Justia Opinion Summary: Real parties in interest (collectively, Seaver) filed a complaint against Petitioners (collectively, the Helfsteins) and against Uninet Imaging, Inc., alleging claims arising out of agreements between the Helfsteins and...

In re Guardianship of Hailu  
Date: November 16, 2015
Citation: 131 Nev. Adv. Op. No. 89
Docket Number: 68531

Justia Opinion Summary: Aden Hailu suffered severe lack of brain oxygen damage while she was admitted to St. Mary’s Regional Medical Center. Hailu was placed on ventilation support. After Hailu failed an apnea test, St. Mary’s concluded that Ha...

WPH Architecture, Inc. v. Vegas VP, LP  
Date: November 5, 2015
Citation: 131 Nev. Adv. Op. No. 88
Docket Number: 54389

Justia Opinion Summary: Respondent brought an action against Appellant for professional negligence relating to services that Appellant performed for Respondent. After Respondent filed a demand for arbitration, Appellant submitted what it claime...

Valenti v. State, Dep't of Motor Vehicles  
Date: November 5, 2015
Citation: 131 Nev. Adv. Op. No. 87
Docket Number: 63987

Justia Opinion Summary: Appellant was arrested for driving under the influence and submitted to a blood test. Christine Maloney, a forensic scientist, conducted a blood analysis, which revealed a blood-alcohol concentration of 0.159. The Depart...

Eureka County v. State Engineer  
Date: October 29, 2015
Citation: 131 Nev. Adv. Op. No. 84
Docket Numbers: 61324, 63258

Justia Opinion Summary: The State Water Engineer granted the applications of Kobeh Valley Ranch, LLC to change the point of diversion, place of use, and manner of use of other of its existing rights in Eureka County. Eureka County and other app...

Becker v. Becker  
Date: October 29, 2015
Citation: 131 Nev. Adv. Op. No. 85
Docket Number: 65335

Justia Opinion Summary: Debtor filed a voluntary Chapter 7 bankruptcy petition. On his claimed exemption schedule, Debtor asserted that, pursuant to Nev. Rev. Stat. 21.090(1)(bb), his entire interest in two corporations’ stock was exempt from t...

D.R. Horton, Inc. v. Eighth Judicial Dist. Court  
Date: October 29, 2015
Citation: 131 Nev. Adv. Op. No. 86
Docket Numbers: 66085, 66101

Justia Opinion Summary: High Noon at Arlington Ranch Homeowners Association filed a complaint against D.R. Horton, Inc. alleging breach of implied warranties of workmanlike quality and habitability, breach of contract, breach of express warrant...

Anderson v. Mandalay Corp.  
Date: October 15, 2015
Citation: 131 Nev. Adv. Op. No. 82
Docket Numbers: 61305, 61871

Justia Opinion Summary: Cristie Anderson and her husband (together, Plaintiffs) sued Mandalay Bay Resort and Casino (Mandalay) after Alonzo Gonzalez, a Mandalay employee, raped Anderson in her hotel room at Mandalay. Plaintiffs asserted claims...

Okada v. Eighth Judicial Dist. Court  
Date: October 15, 2015
Citation: 131 Nev. Adv. Op. No. 83
Docket Number: 68310

Justia Opinion Summary: Wynn Resorts filed a lawsuit against Kazuo Okada, a former member of the board of directors of Wynn Resorts. As part of the discovery process, Wynn Resorts noticed Okada’s deposition for over the course of ten days in La...

Michaels v. Pentair Water Pool & Spa  
Date: October 1, 2015
Citation: 131 Nev. Adv. Op. No. 81
Docket Number: 59685

Justia Opinion Summary: Appellant brought a products liability claim against Respondent, the manufacturer of various models of swimming pool filters for both commercial and residential swimming pools, after he was injured when a filter canister...

Tam v. Eighth Judicial Dist. Court  
Date: October 1, 2015
Citation: 131 Nev. Adv. Op. No. 80
Docket Number: 66346

Justia Opinion Summary: After the death of Charles Cornell, Sherry Cornell filed a complaint against numerous defendants, including petitioner Stephen Tam, M.D., alleging medical malpractice. Dr. Tam filed an omnibus motion in limine requesting...

Tallman v. Eighth Judicial Dist. Court  
Date: September 24, 2015
Citation: 131 Nev. Adv. Op. No. 71
Docket Numbers: 60673, 61390

Justia Opinion Summary: Three petitioners sued their former employer and certain of its agents and associates (collectively, “Employer”) asserting minimum wage and overtime claims individually and on behalf of others similarly situated. The dis...

In re Manhattan West Mechanic's Lien Litig.  
Date: September 24, 2015
Citation: 131 Nev. Adv. Op. No. 70
Docket Number: 61131

Justia Opinion Summary: A subordination agreement subordinated a lien for original land financing to a new construction deed of trust. The holder of mechanics’ liens for work performed after the date of the original loan but before the date of...

Mardian v. Greenberg Family Trust  
Date: September 24, 2015
Citation: 131 Nev. Adv. Op. No. 72
Docket Number: 62061

Justia Opinion Summary: Appellants guaranteed a promissory note executed in favor of Respondent, which was secured by land in Arizona. The guaranties were executed in Nevada and contained a Nevada choice-of-law provision. After default on the n...

Am. First Fed. Credit Union v. Soro  
Date: September 24, 2015
Citation: 131 Nev. Adv. Op. No. 73
Docket Number: 64130

Justia Opinion Summary: Appellant, a Utah-based credit union, loaned an amount of money secured by real property in Mesquite Nevada to Respondents. Respondents later defaulted. Appellant held a trustee’s sale, resulting in a deficiency on the l...

State Farm Mut. Auto. Ins. Co. v. Hansen  
Date: September 24, 2015
Citation: 131 Nev. Adv. Op. No. 74
Docket Number: 64484

Justia Opinion Summary: Stephen Hansen was injured when Brad Aguilar struck Hansen’s vehicle. Hansen sued Aguilar, who was insured by State Farm Mutual Automobile Insurance Company. State Farm agreed to defend Aguilar under a reservation of rig...

In re Guardianship of N.M.  
Date: September 24, 2015
Citation: 131 Nev. Adv. Op. No. 75
Docket Number: 64694

Justia Opinion Summary: Respondent filed a petition to be appointed the guardian of N.M., a United States citizen who lived in Nevada with Respondent. Appellant, N.M’s mother, lived in Mexico. The district court appointed Respondent as N.M.’s g...

Baxter v. Dignity Health  
Date: September 24, 2015
Citation: 131 Nev. Adv. Op. No. 76
Docket Number: 65064

Justia Opinion Summary: Plaintiff filed a medical malpractice action against Defendants-medical providers. Before filing suit, Plaintiff consulted with a medical expert from whom he obtained a supporting declaration required by Nev. Rev. Stat....

Watson Rounds v. Eighth Judicial Dist. Court  
Date: September 24, 2015
Citation: 131 Nev. Adv. Op. No. 79
Docket Number: 65632

Justia Opinion Summary: Petitioner, a law firm, was retained as counsel for a gaming company (“the company”) in a lawsuit against the company’s former employees and an entity they created. Petitioner prepared a second amended complaint adding r...

Joanna T. v. Eighth Judicial Dist. Court  
Date: September 24, 2015
Citation: 131 Nev. Adv. Op. No. 77
Docket Number: 65796

Justia Opinion Summary: An abuse-and-neglect petition was filed alleging that Joanna T.’s daughter was in need of protection. Joanna moved to set aside the domestic master’s oral recommendation to sustain the abuse-and-neglect petition because...

Benson v. State Eng’r  
Date: September 24, 2015
Citation: 131 Nev. Adv. Op. No. 78
Docket Number: 65833

Justia Opinion Summary: The State Engineer cancelled a water permit for failure to comply with its terms. Plaintiff filed a petition for judicial review in the district court under Nev. Rev. Stat. 533.395(2) seeking an order vacating the state...

Land Baron Invs., Inc. v. Bonnie Springs Family LP  
Date: September 17, 2015
Citation: 131 Nev. Adv. Op. No. 69
Docket Number: 59687

Justia Opinion Summary: This appeal arose from a failed land sale contract between Plaintiff and Defendant. Plaintiff filed a complaint against Defendant, asserting claims for, inter alia, breach of contract and recession based on mutual mistak...

In re Parental Rights as to A.P.M.  
Date: September 10, 2015
Citation: 131 Nev. Adv. Op. No. 66
Docket Number: 64214

Justia Opinion Summary: This appeal concerned the district court’s termination of Father’s parental rights to his two minor children. Father appealed, arguing that the district court should not have terminated his parental rights because he com...

Merlino v. State  
Date: September 10, 2015
Citation: 131 Nev. Adv. Op. No. 65
Docket Number: 65273

Justia Opinion Summary: After a jury trial, Appellant was convicted of entering a pawn shop with the intent to obtain money under false pretenses for selling stolen property through the retractable sliding tray of a pawn shop’s drive-through wi...

Tate v. State Bd. of Med. Exam'rs  
Date: September 10, 2015
Citation: 131 Nev. Adv. Op. No. 67
Docket Number: 65460

Justia Opinion Summary: Through the adoption of Nev. Rev. Stat. 630.356(2), the Legislature gave physicians the right to contest and the district courts the power to review final decisions of the Nevada State Board of Medical Examiners. In this...

Bergenfield v. BAC Home Loans Servicing, LP  
Date: September 10, 2015
Citation: 131 Nev. Adv. Op. No. 68
Docket Number: 67136

Justia Opinion Summary: Appellants brought this action against BAC Home Loans Servicing, LP, asserting fraud and consumer fraud. The district court granted BAC’s motion to dismiss but allowed Appellants leave to file an amended complaint. There...

Frazier v. Drake  
Date: September 3, 2015
Citation: 131 Nev. Adv. Op. No. 64
Docket Number: 61775

Justia Opinion Summary: Appellants’ vehicle was rear-ended by a semitrailer truck driven and owned by Respondents. Appellants sued, and the jury rendered a verdict in Respondents’ favor. The district court denied Appellants’ motion for a new tr...

State v. Smith  
Date: September 3, 2015
Citation: 131 Nev. Adv. Op. No. 63
Docket Number: 66117

Justia Opinion Summary: Defendant pleaded no contest to one count of child abuse resulting in substantial bodily harm. Defendant filed a timely post-conviction petition for a writ of habeas corpus, arguing that he should be allowed to withdraw...

Cassinelli v. State  
Date: August 27, 2015
Citation: 131 Nev. Adv. Op. No. 62
Docket Number: 64881

Justia Opinion Summary: Appellant pleaded guilty to coercion and preventing or dissuading a person from testifying. Appellant requested the district court to defer sentencing and assign him to a treatment program for alcohol abuse under Nev. Re...

Stevenson v. State  
Date: August 13, 2015
Citation: 131 Nev. Adv. Op. No. 61
Docket Number: 62965

Justia Opinion Summary: Defendant pleaded guilty to two counts of attempted sexual assault. Before sentencing, Defendant moved to withdraw his plea, which allows a defendant who has pleaded guilty, but has not been sentenced, to petition to wit...

Barbara Ann Hollier Trust v. Shack  
Date: August 6, 2015
Citation: 131 Nev. Adv. Op. No. 59
Docket Numbers: 63308, 64047

Justia Opinion Summary: Plaintiffs filed a complaint against Defendants alleging breach of contract and breach of the implied covenant of good faith and fair dealing. Defendants counterclaimed for breach of contract, intentional misrepresentati...

Mensah v. CorVel Corp.  
Date: August 6, 2015
Citation: 131 Nev. Adv. Op. No. 131
Docket Number: 64053

Justia Opinion Summary: Appellant, a self-employed delivery driver who contracted with FedEx Home Delivery for one of its delivery routes, fell and injured his shoulder while delivering packages. Under his FedEx service contract, Appellant was...

Torres v. Nev. Direct Ins. Co.  
Date: July 30, 2015
Citation: 131 Nev. Adv. Op. No. 54
Docket Numbers: 61103, 61640

Justia Opinion Summary: Appellant was injured in a car accident. Appellant obtained a default judgment against both the driver and the owner of the other vehicle. Thereafter, Appellant brought this action under Nev. Rev. Stat. 485.3091, Nevada’...

In re Montierth  
Date: July 30, 2015
Citation: 131 Nev. Adv. Op. No. 55
Docket Number: 62745

Justia Opinion Summary: Appellants filed a promissory note that was secured by a deed of trust on their property. At the time that Appellants defaulted, Respondent was the holder of the note and Mortgage Electronic Registration Systems, Inc. (M...

Johnson v. State  
Date: July 30, 2015
Citation: 131 Nev. Adv. Op. No. 58
Docket Number: 63737

Justia Opinion Summary: After a jury trial, Defendant was convicted of various criminal offenses. During trial, the jury was permitted to hear testimony regarding an out-of-court “show-up” identification during which Defendant was identified by...

State v. Harris  
Date: July 30, 2015
Citation: 131 Nev. Adv. Op. No. 56
Docket Number: 64913

Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree murder, child abuse and neglect with the use of a deadly weapon, and two counts of child abuse and neglect. Before sentencing, Defendant filed a timely motio...

Double Diamond Ranch Master Ass’n v. Second Judicial Dist. Court  
Date: July 30, 2015
Citation: 131 Nev. Adv. Op. No. 57
Docket Number: 65666

Justia Opinion Summary: In 1996, the developer of Double Diamond Ranch Master Association (Association) entered into a maintenance agreement with the City of Reno. In 2012, the Association gave notice to the City that it was terminating the con...

Anderson v. Sanchez  
Date: July 23, 2015
Citation: 131 Nev. Adv. Op. No. 51
Docket Number: 62059

Justia Opinion Summary: This appeal arose out of a divorce between Mark Anderson and Sophia Sanchez. At the conclusion of mediation, the parties executed a written Memorandum of Understanding (MOU) that awarded certain property in California (“...

Barral v. State  
Date: July 23, 2015
Citation: 131 Nev. Adv. Op. No. 52
Docket Number: 64135

Justia Opinion Summary: After a jury trial, Defendant was found guilty of sexually assaulting a minor under fourteen years of age. Defendant appealed, arguing that the district court committed structural error requiring reversal when it failed...

Ford v. Branch Banking & Trust Co.  
Date: July 23, 2015
Citation: 131 Nev. Adv. Op. No. 53
Docket Number: 65242

Justia Opinion Summary: Appellants guaranteed two commercial loans that loans were eventually assigned to Bank. When the properties securing the commercial loans were foreclosed, Bank brought a breach of guaranty action against Appellants. At i...

Sanders v. Sears-Page  
Date: July 16, 2015
Citation: 131 Nev. Adv. Op. No. 50
Docket Number: 62792

Justia Opinion Summary: Toni Sanders and her husband sued Risa Sears-Page for negligence after Sears-Page hit Sanders’ car. At issue during trial was whether the accident had caused or contributed to Toni’s injury and, if so, whether Sanders’ c...

C. Nicholas Pereos, Ltd. v. Bank of Am.  
Date: July 2, 2015
Citation: 131 Nev. Adv. Op. No. 44
Docket Number: 61553

Justia Opinion Summary: Under Nev. Rev. Stat. 104.4406, a customer generally must exercise reasonable promptness in examining a bank statement and within thirty days notify the bank of any unauthorized transactions. Plaintiff, a law firm, sued...

Biscay v. MGM Resorts Int'l  
Date: July 2, 2015
Citation: 131 Nev. Adv. Op. No. 46
Docket Number: 63492

Justia Opinion Summary: Plaintiff filed a complaint against Defendant for various torts after she fell at a hotel owned by Defendant. Defendant filed a demand for security of costs pursuant to Nev. Rev. Stat. 18.130. More than six months later,...

Davis v. Ewalefo  
Date: July 2, 2015
Citation: 131 Nev. Adv. Op. No. 45
Docket Number: 63731

Justia Opinion Summary: As stipulated, a child custody decree gave Mother and Father joint legal custody of their minor son and awarded Mother primary physical custody. The decree granted Father unsupervised visitation but specified that visita...

D & D Tire v. Ouellette  
Date: July 2, 2015
Citation: 131 Nev. Adv. Op. No. 47
Docket Number: 63810

Justia Opinion Summary: Some independent contractors are immune from liability with regard to a person injured in the course of employment under the exclusive remedy provision of the workers’ compensation statutes. At issue in this case was whe...

Gonzales v. State  
Date: July 2, 2015
Citation: 131 Nev. Adv. Op. No. 49
Docket Number: 64539

Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy to commit robbery, burglary while in possession of a firearm, robbery with the use of a deadly weapon, and first-degree kidnapping with the use of a deadly weapon...

State v. Beaudion  
Date: July 2, 2015
Citation: 131 Nev. Adv. Op. No. 48
Docket Number: 65429

Justia Opinion Summary: Nev. Rev. Stat. 172.241 affords the target of a grand jury investigation the opportunity to testify before them. To facilitate exercise of that right, the statute requires that the target be given reasonable notice of th...

Lisle v. State  
Date: June 25, 2015
Citation: 131 Nev. Adv. Op. No. 39
Docket Number: 55173

Justia Opinion Summary: After a jury trial, Appellant was found guilty of first-degree murder with the use of a deadly weapon. Appellant was sentenced to death. Appellant filed a post-conviction petition for a writ of habeas corpus that was unt...

Burnside v. State  
Date: June 25, 2015
Citation: 131 Nev. Adv. Op. No. 40
Docket Number: 56548

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder and related crimes. Defendant was sentenced to death. The Supreme Court affirmed, holding (1) the district court did not err by admitting testimony relat...

Excellence Cmty. Mgmt. v. Gilmore  
Date: June 25, 2015
Citation: 131 Nev. Adv. Op. No. 38
Docket Number: 62189

Justia Opinion Summary: Krista Gilmore was employed by Excellence Community Management (ECM), an LLC, and signed an employment agreement containing restrictive covenants. The owners and operators of ECM later sold 100 percent of their membershi...

State Dep’t of Transp. v. Eighth Judicial Dist. Court  
Date: June 25, 2015
Citation: 131 Nev. Adv. Op. No. 41
Docket Number: 63179

Justia Opinion Summary: Ad America owned commercial rental property. When Ad America’s tenants were informed that Ad America’s property would be acquired for Project Neon, a freeway improvement project, Ad America’s net rental income decreased,...

State, Dep't of Taxation v. Kawahara  
Date: June 25, 2015
Citation: 131 Nev. Adv. Op. No. 42
Docket Number: 64064

Justia Opinion Summary: The Kawaharas loaned the Allisons $400,000. The Allisons executed a note to the Kawaharas in that amount secured by a deed of trust on a Reno property. The note was delivered in 2009 but was not recorded until 2011. When...

Alper v. Eighth Judicial Dist. Court  
Date: June 25, 2015
Citation: 131 Nev. Adv. Op. No. 43
Docket Number: 64260

Justia Opinion Summary: William Plise, a judgment debtor, did not attend his scheduled debtor’s examinations in the district court. Eliot Alper, the judgment creditor, sought an order to show cause why Plise should not be held in contempt of co...

Provincial Gov't of Marinduque v. Placer Dome, Inc.  
Date: June 11, 2015
Citation: 131 Nev. Adv. Op. No. 35
Docket Number: 57956

Justia Opinion Summary: The Provincial Government of Marinduque (the Province), was a political subdivision of the Republic of the Philippines. Placer Dome Inc. (PDI), was incorporated under the laws of British Columbia, Canada. A predecessor o...

Rimer v. State  
Date: June 11, 2015
Citation: 131 Nev. Adv. Op. No. 36
Docket Number: 58711

Justia Opinion Summary: After a jury trial, Defendant was found guilty of involuntary manslaughter, child abuse and neglect causing substantial bodily harm, and five counts of child abuse and neglect. The Supreme Court affirmed, holding (1) the...

Nutton v. Sunset Station, Inc.  
Date: June 11, 2015
Citation: 131 Nev. Adv. Op. No. 34
Docket Number: 62878

Justia Opinion Summary: Plaintiff injured himself while bowling at a center operated by Defendant. After the deadline passed that had been for seeking an amendment of a pleading, Plaintiff filed a motion seeking leave to amend his complaint pur...

Berry v. Feil  
Date: June 11, 2015
Citation: 131 Nev. Adv. Op. No. 37
Docket Number: 64750

Justia Opinion Summary: Appellant, an inmate, filed a civil rights complaint under 42 U.S.C. 1983 against Respondents, the Lovelock Correctional Center law library supervisor and an inmate library clerk, alleging that Respondents failed to mail...

Fulbrook v. Allstate Ins. Co.  
Date: June 4, 2015
Citation: 131 Nev. Adv. Op. No. 33
Docket Numbers: 61567, 62199

Justia Opinion Summary: In this insurance matter, the district court entered a final judgment and a post-judgment order. The Supreme Court affirmed the judgments of the district court. After the time for filing a petition for rehearing expired...

Jennifer L. v. Eighth Judicial Dist. Court  
Date: June 4, 2015
Citation: 131 Nev. Adv. Op. No. 30
Docket Number: 63176

Justia Opinion Summary: The State filed an abuse and neglect petition naming R.L. as a minor in need of protection and asking the court to declare R.L. a ward of the court. R.L. was under a Nev. Rev. Stat. 159 guardianship at the time the petit...

Logan v. Abe  
Date: June 4, 2015
Citation: 131 Nev. Adv. Op. No. 31
Docket Number: 63980

Justia Opinion Summary: Appellants Robert and Jamie Logan sued Respondents - the owner, operator, and general manager of a hotel - for personal injuries that Robert suffered when he was shot by an employee of the hotel. Before trial, Defendants...

Sharpe v. State  
Date: June 4, 2015
Citation: 131 Nev. Adv. Op. No. 32
Docket Number: 64287

Justia Opinion Summary: While investigating Defendant for alleged distribution of methamphetamines, law enforcement officers obtained a warrant authorizing a wiretap to intercept communications on two different cellular telephone numbers attrib...

Weddell v. Sharp  
Date: May 28, 2015
Citation: 131 Nev. Adv. Op. No. 28
Docket Number: 60944

Justia Opinion Summary: Appellant Rolland Weddell and nonparty Michael Stewart were former business partners. When disputes arose between the partners, they agreed to informally settle their disputes by presenting them to a panel of attorneys (...

Catholic Diocese of Green Bay v. John Doe 119  
Date: May 28, 2015
Citation: 131 Nev. Adv. Op. No. 29
Docket Number: 62840

Justia Opinion Summary: Father John Feeney was employed as a priest by the Catholic Diocese of Green Bay, a religious organization incorporated and headquartered in Wisconsin. Feeney later came to the Diocese of Reno-Las Vegas. John Doe 119 all...

Guitron v. State  
Date: May 21, 2015
Citation: 131 Nev. Adv. Op. No. 27
Docket Number: 64215

Justia Opinion Summary: After a jury trial, Appellant was found guilty of incest, four counts of sexual assault with a minor under the age of fourteen, and two counts of lewdness with a child under the age of fourteen. The Supreme Court affirme...

Manning v. State  
Date: May 7, 2015
Citation: 131 Nev. Adv. Op. No. 26
Docket Number: 63274

Justia Opinion Summary: After a jury trial, Defendant was convicted of burglary, battery with intent to commit a crime with a victim sixty years of age or older, and robbery with a victim sixty years of age or older. During jury deliberations,...

In re L.A.W.  
Date: May 7, 2015
Citation: 131 Nev. Adv. Op. No. 24
Docket Number: 63683

Justia Opinion Summary: Due to his behavioral problems, Appellant, then a minor, signed a “behavior contract,” under which he consented to random searches of his person and property in order to attend public high school. During a subsequent sea...

Nev. Dep't of Corr. v. York Claims Servs., Inc.  
Date: May 7, 2015
Citation: 131 Nev. Adv. Op. No. 25
Docket Number: 64473

Justia Opinion Summary: Jonathan Piper, who was convicted and imprisoned for burglary, was transferred to Casa Grande Traditional Housing, which was operated by Nevada Department of Corrections (NDOC) for offenders participating in NDOC’s work...

Branch Banking & Trust Co. v. Windhaven & Tollway, LLC  
Date: April 30, 2015
Citation: 131 Nev. Adv. Op. No. 20
Docket Numbers: 59638, 60527

Justia Opinion Summary: Respondent borrowed nearly $17 million from Appellant’s predecessor-in-interest. The loan was secured by real property located in Texas. The Guarantors entered into a guaranty agreement to pay any debt remaining if Respo...

Mitchell v. Eighth Judicial Dist. Court  
Date: April 30, 2015
Citation: 131 Nev. Adv. Op. No. 21
Docket Number: 63076

Justia Opinion Summary: A former patient of Dr. Ryan Mitchell, through his guardian ad litem, sued Mitchell for medical malpractice, alleging that Mitchell’s misadministration of anesthesia during a tonsillectomy caused the seven-year-old patie...

Veil v. Bennett  
Date: April 30, 2015
Citation: 131 Nev. Adv. Op. No. 22
Docket Number: 63644

Justia Opinion Summary: Acting in their official capacities as Justices of the Peace, Respondents petitioned the district court for a writ of mandamus to compel Sheriff Allen Veil to enter information from all arrest warrants delivered to the S...

Munoz v. Branch Banking & Trust Co.  
Date: April 30, 2015
Citation: 131 Nev. Adv. Op. No. 23
Docket Number: 63747

Justia Opinion Summary: Appellants borrowed money from Colonial Bank and granted the bank a security interest in their real property. The FDIC assigned Appellants’ loan to Branch Banking and Trust Company, Inc. (BB&T) after placing Colonial int...

Brown v. Eddie World, Inc.  
Date: April 16, 2015
Citation: 131 Nev. Adv. Op. No. 19
Docket Number: 63896

Justia Opinion Summary: Appellant was employed by Employer at a store located on property owned by Casino (Employer and Casino henceforth referred to as “Casino”). Appellant was engaged to Fiancé when Fiancé filed a complaint with the Nevada Ga...

Hohenstein v. State, Employment Sec. Div.  
Date: April 2, 2015
Citation: 131 Nev. Adv. Op. No. 17
Docket Number: 58519

Justia Opinion Summary: Appellant, then a teacher for the Washoe County School District (WCSD), pleaded guilty to possessing marijuana in his residence. Before Appellant completed his probation, the WCSD terminated his employment for immorality...

Coyote Springs Inv., LLC v. Eighth Judicial Dist. Court  
Date: April 2, 2015
Citation: 131 Nev. Adv. Op. No. 18
Docket Number: 64623

Justia Opinion Summary: Coyote Springs Investment, LLC and BrightSource Energy, Inc. entered into a lease. One year later, BrightSource sought to terminate the lease. Coyote Springs sued BrightSource, claiming that the lease’s termination was i...

Bullion Monarch Mining, Inc. v. Barrick Goldstrike Mines, Inc.  
Date: March 26, 2015
Citation: 131 Nev. Adv. Op. No. 13
Docket Number: 61059

Justia Opinion Summary: The parties in this case were two mining companies. Plaintiff filed suit in federal district court alleging that Defendant owed it royalty payments under an area-of-interest provision in a 1979 commercial mining agreemen...

Bluestein v. Bluestein  
Date: March 26, 2015
Citation: 131 Nev. Adv. Op. No. 14
Docket Number: 62308

Justia Opinion Summary: In this child custody case, the parties entered into an agreement for joint custody at the time of their divorce. Seven years later, Mother requested that the district court modify the child custody designation to provid...

Cadle Co. v. Woods & Erickson, LLP  
Date: March 26, 2015
Citation: 131 Nev. Adv. Op. No. 15
Docket Numbers: 63382, 63790

Justia Opinion Summary: Robert Krause retained Woods & Erickson, LLP for estate planning services. Woods & Erickson created for Krause an asset protection trust, into which Krause transferred his assets. The Cadle Company, which was attempting...

Pitmon v. State  
Date: March 26, 2015
Citation: 131 Nev. Adv. Op. No. 16
Docket Number: 65000

Justia Opinion Summary: In two separate cases, Defendant pleaded guilty to attempted lewdness with a child under the age of fourteen. In the first case, Defendant received the maximum possible sentence. In the second case, Defendant again recei...

U.S. Bank Nat’l Ass’n v. Palmilla Dev. Co.  
Date: March 5, 2015
Citation: 131 Nev. Adv. Op. No. 9
Docket Number: 62112

Justia Opinion Summary: Borrower took out a loan from the predecessor-in-interest of Bank. The loan was secured by a deed of trust on certain property and personally guaranteed by Guarantor. After Borrower defaulted and Guarantor failed to fulf...

LVMPD v. Blackjack Bonding  
Date: March 5, 2015
Citation: 131 Nev. Adv. Op. No. 10
Docket Numbers: 62864, 63541

Justia Opinion Summary: CenturyLink, a private telecommunications provider, contracted with Clark County to provide inmate telephone services for the Clark County Detention Center (CCDC) and to make records of the inmates’ calls available to th...

JED Prop. v. Coastline RE Holdings NV Corp.  
Date: March 5, 2015
Citation: 131 Nev. Adv. Op. No. 11
Docket Number: 63092

Justia Opinion Summary: In an effort to foreclose on real property that was used to secure a debt by Appellant, Respondent recorded a notice of a trustee’s sale. Respondent orally postponed the sale three times before the property was sold. The...

In re Estate of Murray  
Date: March 5, 2015
Citation: 131 Nev. Adv. Op. No. 8
Docket Number: 63284

Justia Opinion Summary: When Respondent was born, her birth certificate identified Decedent as her father. Decedent later married Respondent’s mother but never formally established or challenged his status as Respondent’s father. When Decedent...

Breeden v. District Court  
Date: March 5, 2015
Citation: 131 Nev. Adv. Op. No. 12
Docket Number: 66876

Justia Opinion Summary: An attorney and his law firm (collectively, Attorney) filed a petition for extraordinary writ relief challenging a district court order adjudicating attorney liens and distributing settlement funds in a personal injury a...

Martinorellan v. State  
Date: February 26, 2015
Citation: 131 Nev. Adv. Op. No. 6
Docket Number: 58904

Justia Opinion Summary: After a jury trial, Defendant was convicted of burglary while in possession of a deadly weapon and other related crimes. At trial, the jury was engaged in deliberations when the district court dismissed a juror and repla...

Zahavi v. State  
Date: February 26, 2015
Citation: 131 Nev. Adv. Op. No. 7
Docket Number: 59815

Justia Opinion Summary: After a jury trial, Appellant was convicted for violations of Nevada’s so-called bad check statute (“the statute”) when 14 casino markers totaling $384,000 payable to four Las Vegas casinos were returned for insufficient...

Abarra v. State  
Date: February 5, 2015
Citation: 131 Nev. Adv. Op. No. 3
Docket Number: 62107

Justia Opinion Summary: The Northern Nevada Correctional Center (NNCC) convicted Appellant, an NNCC correctional officer, of providing legal services for a fee (an “MJ29” violation). Appellant challenged the MJ29 discipline through an informal...

Jones v. State, Bd. of Med. Exam'rs  
Date: February 5, 2015
Citation: 131 Nev. Adv. Op. No. 4
Docket Number: 64381

Justia Opinion Summary: The Nevada State Board of Medical Examiners filed an administrative complaint against Appellant, a physician, alleging that Appellant aided a third party in the unauthorized practice of medicine. When Appellant failed to...

Fulbright & Jaworski LLP v. Dist. Court  
Date: February 5, 2015
Citation: 131 Nev. Adv. Op. No. 5
Docket Number: 65122

Justia Opinion Summary: The underlying lawsuit sought redress for complications that arose in connection with a real-estate development project in Texas. Plaintiff filed this action against Defendant, a Texas-based law firm that was solicited b...

Buzz Stew, LLC v. City of N. Las Vegas  
Date: January 29, 2015
Citation: 131 Nev. Adv. Op. No. 1
Docket Number: 55220

Justia Opinion Summary: The City of North Las Vegas publicly announced its intent to condemn a portion of Appellant’s land but delayed condemning the property. Appellant sold the property before it was condemned. Appellant filed a complaint aga...

Torres v. State  
Date: January 29, 2015
Citation: 131 Nev. Adv. Op. No. 2
Docket Number: 61946

Justia Opinion Summary: Defendant was charged with being an ex-felon in possession of a firearm, receiving or possessing stolen goods, and carrying a concealed weapon. Defendant moved to suppress the handgun evidence and to dismiss the charges,...

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