Supreme Court of Nevada Decisions 2016

Estate of Adams v. Fallini  
Date: December 29, 2016
Citation: 132 Nev. Adv. Op. No. 81
Docket Number: 68033

Justia Opinion Summary: Michael Adams died after striking Susan Fallini’s cow while driving on a portion of highway designated as open range. Adams’ estate sued Fallini for negligence. The district court entered a final judgment against Fallini...

Leavitt v. State  
Date: December 29, 2016
Citation: 132 Nev. Adv. Op. No. 83
Docket Number: 69218

Justia Opinion Summary: In 2015, more than twenty-five years after remittitur issued from Appellant’s direct appeal in 1989, Appellant filed a petition for postconviction relief. The petition was both successive and untimely filed. The district...

Dykema v. Del Webb Communities, Inc.  
Date: December 29, 2016
Citation: 132 Nev. Adv. Op. No. 82
Docket Number: 69335

Justia Opinion Summary: At issue in this case is when a notice of completion has been “issued” for purposes of determining the commencement date under Nev. Rev. Stat. 11.2055(1)(b) for Chapter 11’s construction defect statutes of repose. Appell...

Kaplan v. Dutra  
Date: December 1, 2016
Citation: 132 Nev. Adv. Op. No. 80
Docket Number: 69065

Justia Opinion Summary: Appellant filed for Chapter 11 bankruptcy, which was later converted to a Chapter 7 bankruptcy. Prior to filing, Appellant was involved in two personal injury cases. As part of his bankruptcy proceedings, Appellant claim...

Mayo v. Eighth Judicial District Court  
Date: November 23, 2016
Citation: 132 Nev. Adv. Op. No. 79
Docket Number: 69566

Justia Opinion Summary: The Clark County grand jury indicted Defendant for the murder of his wife. Prior to trial, Defendant sought to dismiss the indictment, arguing that the district attorney violated Nev. Rev. Stat. 172.145(2) by failing to...

Pacific Western Bank v. Eighth Judicial District Court  
Date: November 3, 2016
Citation: 132 Nev. Adv. Op. No. 78
Docket Number: 69048

Justia Opinion Summary: Petitioner loaned Debtors, including Darren Badger, approximately $10,000,000. Debtors defaulted on the loan. A California court issued a judgment against Debtors in the amount of $2,497,568. Pacific Western later domest...

Bowman v. State  
Date: October 27, 2016
Citation: 132 Nev. Adv. Op. No. 74
Docket Number: 67656

Justia Opinion Summary: After a jury trial, Defendant was found guilty of one count of trafficking in a controlled substance. During a break in deliberations, two jurors individually conducted experiments testing the parties’ theories of the ca...

Perry v. Terrible Herbst, Inc.  
Date: October 27, 2016
Citation: 132 Nev. Adv. Op. No. 75
Docket Number: 68030

Justia Opinion Summary: The Minimum Wage Amendment (MWA) to the Nevada Constitution guarantees that employees be paid a specific minimum wage and gives an employee the right to bring an action against his employer to remedy any violation of the...

MDC Restaurants, LLC v. Eighth Judicial District Court  
Date: October 27, 2016
Citation: 132 Nev. Adv. Op. No. 76
Docket Numbers: 68523, 68754, 68770, 68845

Justia Opinion Summary: Under the Minimum Wage Amendment (MWA) to the Nevada Constitution, if an employer provides health benefits, it may pay its employees a lower minimum wage than if no such health benefits are provided. The MWA also require...

Nevada Yellow Cab Corp. v. Eighth Judicial District Court  
Date: October 27, 2016
Citation: 132 Nev. Adv. Op. No. 77
Docket Numbers: 68949, 68975

Justia Opinion Summary: In Thomas v. Nevada Yellow Cab Corp., published in 2014, the Supreme Court held that the Minimum Wage Amendment to the Nevada Constitution, enacted in 2006, impliedly repealed Nev. Rev. Stat. 608.250(2)(e)’s exemption of...

Cashman Equip. Co. v. W. Edna Assocs., Ltd.  
Date: September 29, 2016
Citation: 132 Nev. Adv. Op. No. 69
Docket Number: 61715

Justia Opinion Summary: This case stemmed from a new Las Vegas City Hall construction project. Mojave, the electrical subcontractor for the project, accepted a bid from Cashman to provide specialty materials for the building. Instead of contrac...

Johnson v. Wells Fargo Bank Nat'l Ass'n  
Date: September 29, 2016
Citation: 132 Nev. Adv. Op. No. 70
Docket Number: 66094

Justia Opinion Summary: Appellant opened three business accounts at Respondent Wells Fargo Bank. Respondent later unilaterally closed the three accounts, stating that the reason for the closure was because Appellant had been involved in a crimi...

Davidson v. Davidson  
Date: September 29, 2016
Citation: 132 Nev. Adv. Op. No. 71
Docket Number: 67698

Justia Opinion Summary: In the underlying district court action, Dawnette Davidson filed a motion with the family division of the district court to enforce a term of a decree of divorce from her ex-husband, Christopher Davidson. The term at iss...

Mona v. Eighth Judicial Dist. Court  
Date: September 29, 2016
Citation: 132 Nev. Adv. Op. No. 72
Docket Number: 68434

Justia Opinion Summary: Judgment creditor Far West Industries filed suit against Michael Mona, who, together with Rhonda Mona, was a co-trustee of a family trust. A California court found that Michael committed fraud and awarded Far West a $17....

Sindelar v. State  
Date: September 29, 2016
Citation: 132 Nev. Adv. Op. No. 68
Docket Number: 68789

Justia Opinion Summary: In 2002, Defendant was cited in Utah for driving under the influence of alcohol. The offense was a third-degree felony under Utah law. In 2004, Defendant pleaded guilty to the offense. In 2013, Defendant was arrested in...

Schwartz v. Lopez  
Date: September 29, 2016
Citation: 132 Nev. Adv. Op. No. 73
Docket Number: 70648

Justia Opinion Summary: The Education Savings Account (ESA) program allows public funds to be transferred from the State Distributive School Account (DSA) into private education savings accounts maintained for the benefit of school-aged childre...

Manning v. State  
Date: September 15, 2016
Citation: 132 Nev. Adv. Op. No. 67
Docket Number: 65856

Justia Opinion Summary: After a jury trial, Defendant was found guilty of battery with intent to commit a crime. Defendant appealed, arguing that the district court erred when it failed to give his proffered instruction on battery as a lesser-i...

Mizrachi v. Mizrachi  
Date: September 15, 2016
Citation: 132 Nev. Adv. Op. No. 66
Docket Number: 66176

Justia Opinion Summary: The district court entered a divorce decree granting Diane Mizrachi and Eli Mizrachi joint legal and physical custody of their minor child. The decree provided that Eli would have the child for the “Jewish holidays” ever...

Cornella v. Justice Court  
Date: August 12, 2016
Citation: 132 Nev. Adv. Op. No. 58
Docket Number: 56329

Justia Opinion Summary: After a trial, Defendant was found guilty of vehicular manslaughter in violation of Nev. Rev. Stat. 484B.657(1). Defendant appealed, arguing that certain phrases in the statute rendered section 484B.657(1) void for vague...

McNamara v. State  
Date: August 12, 2016
Citation: 132 Nev. Adv. Op. No. 60
Docket Number: 64403

Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree kidnapping with substantial bodily harm and possession of a controlled substance. Appellant appealed, arguing that Nevada lacked territorial jurisdiction to pro...

Tower Homes, LLC v. Heaton  
Date: August 12, 2016
Citation: 132 Nev. Adv. Op. No. 62
Docket Number: 65755

Justia Opinion Summary: Tower Homes, LLC retained William Heaton and his law firm (collectively, Heaton) for legal guidance in developing a residential common ownership project. The project eventually failed, and Tower Homes entered Chapter 11...

Kar v. Kar  
Date: August 12, 2016
Citation: 132 Nev. Adv. Op. No. 63
Docket Number: 65985

Justia Opinion Summary: Mother and Father divorced while living in Nevada with their minor child. Mother eventually obtained sole custody and moved to England. Father, in the meantime, moved to Turkey. Father subsequently filed a motion to modi...

Washington v. State  
Date: August 12, 2016
Citation: 132 Nev. Adv. Op. No. 65
Docket Number: 65998

Justia Opinion Summary: After a jury trial, Appellant was convicted of, among other offenses, murder with the use of a deadly weapon and ten counts of discharging a firearm at or into a structure. On appeal, Appellant’s argued, inter alia, that...

Bank of Nevada v. Petersen  
Date: August 12, 2016
Citation: 132 Nev. Adv. Op. No. 64
Docket Number: 66568

Justia Opinion Summary: When Respondent defaulted on a commercial guaranty agreement with Bank, Bank sued Respondent. Bank’s complaint sought from Respondent the deficiency allowed by Nev. Rev. Stat. 40.495(4). On June 18, 2013 Bank proceeded t...

State v. Eighth Judicial Dist. Court  
Date: August 12, 2016
Citation: 132 Nev. Adv. Op. No. 59
Docket Number: 68545

Justia Opinion Summary: After a bench trial, the justice court convicted Jennifer Schneider of misdemeanor driving under the influence. The district court reversed Schneider’s conviction and sentence and remanded the matter for a new trial, con...

Martinez-Hernandez v. State  
Date: August 12, 2016
Citation: 132 Nev. Adv. Op. No. 61
Docket Number: 69169

Justia Opinion Summary: Appellant was found guilty of assault with a deadly weapon. While he was still imprisoned, Appellant filed a petition for a writ of habeas corpus, alleging ineffective assistance of counsel and appeal deprivation. The di...

Fritz v. Washoe County  
Date: August 4, 2016
Citation: 132 Nev. Adv. Op. No. 57
Docket Number: 67660

Justia Opinion Summary: Appellants filed an inverse condemnation complaint against Washoe County alleging that the County approved subdivision maps, directed the flow of water, and accepted street dedications during the building process of two...

Khoury v. Seastrand  
Date: July 28, 2016
Citation: 132 Nev. Adv. Op. No. 52
Docket Numbers: 64702, 65007, 65172

Justia Opinion Summary: Plaintiff brought a personal injury action against Defendant for injuries she received during an accident. After a trial, the jury returned a verdict in the amount of $719,776. Defendant appealed, arguing that the distri...

Humboldt Gen. Hosp. v. Sixth Judicial Dist. Court  
Date: July 28, 2016
Citation: 132 Nev. Adv. Op. No. 53
Docket Number: 65562

Justia Opinion Summary: Kelli Barrett filed a complaint against Humboldt General Hospital and Dr. Sharon McIntyre, alleging, inter alia, battery based on an alleged lack of informed consent. Barrett filed the complaint without a supporting medi...

Harrison v. Harrison  
Date: July 28, 2016
Citation: 132 Nev. Adv. Op. No. 56
Docket Number: 66157

Justia Opinion Summary: Mother and Father shared joint legal and physical custody of their two minor children as stated in a stipulated order. One provision of the order provided for “teenage discretion” in determining time spent with either pa...

McNeill v. State  
Date: July 28, 2016
Citation: 132 Nev. Adv. Op. No. 54
Docket Number: 66697

Justia Opinion Summary: Appellant was a convicted sex offender on lifetime supervision. When Appellant had been on lifetime supervision for five years, the State Board of Parole Commissioners imposed additional conditions that were not enumerat...

Nationstar Mortgage v. Rodriguez  
Date: July 28, 2016
Citation: 132 Nev. Adv. Op. No. 55
Docket Number: 66761

Justia Opinion Summary: Catherine Rodriguez defaulted on her loan and elected for foreclosure mediation. At a third, unsuccessful mediation between Nationstar Mortgage, LLC, as the agent of the Bank of New York Mellon (BONY), and Rodriguez, Nat...

Golden Road Motor Inn v. Islam  
Date: July 21, 2016
Citation: 132 Nev. Adv. Op. No. 49
Docket Numbers: 64349, 64452, 65497

Justia Opinion Summary: Sumona Islam entered into an agreement with her employer, Atlantis Casino Resort Spa (Atlantis), to refrain from employment or association with any other gaming establishment within 150 miles for one year following the e...

Blankenship v. State  
Date: July 21, 2016
Citation: 132 Nev. Adv. Op. No. 50
Docket Numbers: 66118, 66944

Justia Opinion Summary: In making sentencing recommendations to district courts in a Presentence Investigation Report (PSI) the Division of Parole and Probation uses a Probation Success Probability (PSP) form that places the defendant within a...

Grace v. Eighth Judicial Dist. Court  
Date: July 21, 2016
Citation: 132 Nev. Adv. Op. No. 51
Docket Number: 68929

Justia Opinion Summary: Petitioner was charged with possession of a controlled substance. At his preliminary hearing, Petitioner moved to suppress evidence he argued was obtained as the result of an unlawful arrest. The State opposed the motion...

Scenic Nevada, Inc. v. City of Reno  
Date: June 30, 2016
Citation: 132 Nev. Adv. Op. No. 48
Docket Number: 65364

Justia Opinion Summary: The Nevada Constitution prohibits the Legislature from amending or repealing a voter-initiated statute for three years after it takes effect. Scenic Nevada, Inc. qualified an initiative for submission to general-election...

In re Guardianship & Estate of Echevarria  
Date: June 30, 2016
Citation: 132 Nev. Adv. Op. No. 45
Docket Number: 65598

Justia Opinion Summary: During the course of the guardianship proceedings involving the decedent’s estate in this case the district court entered several orders, including a distribution order. The previous guardian of the decedent’s estate lat...

Lewis v. Lewis  
Date: June 30, 2016
Citation: 132 Nev. Adv. Op. No. 46
Docket Number: 66497

Justia Opinion Summary: Father and Mother divorced in 2011. In 2013, the district court ordered Father to pay additional child support for failing to previously pay child support. In 2014, Mother filed a motion to modify custody and enforce the...

Justin v. Second Judicial Dist. Court  
Date: June 30, 2016
Citation: 132 Nev. Adv. Op. No. 47
Docket Number: 67786

Justia Opinion Summary: Norman Dupree was arrested and incarcerated in county jail. Justin Bros Bail Bonds and International Fidelity Insurance Company (collectively, Justin Bros) posted Dupree’s bond (bond number one). Dupree was later remande...

Castaneda v. State  
Date: June 16, 2016
Citation: 132 Nev. Adv. Op. No. 44
Docket Number: 64515

Justia Opinion Summary: Defendant appealed his conviction for 15 counts of possession of child pornography. Defendant argued that 14 of his 15 convictions for possessing child pornography must be vacated because NRS 200.730 penalizes possession...

Mason v. State  
Date: June 16, 2016
Citation: 132 Nev. Adv. Op. No. 42
Docket Number: 67830

Justia Opinion Summary: Defendant was convicted of battery with a deadly weapon, assault with a deadly weapon, and being a felon in possession of a firearm. Defendant argued on appeal that the district court erred at sentencing by failing to pr...

Sparks v. Bare  
Date: June 16, 2016
Citation: 132 Nev. Adv. Op. No. 43
Docket Number: 69073

Justia Opinion Summary: Petitioner was convicted in municipal court of failing to stop his vehicle at a stop sign, a misdemeanor offense. At issue on appeal is whether NRS 189.030(1) confers a duty on a municipal court, rather than a misdemeano...

Harte v. State  
Date: June 2, 2016
Citation: 132 Nev. Adv. Op. No. 40
Docket Number: 67519

Justia Opinion Summary: Defendant was convicted of first degree murder with the use of a deadly weapon and robbery with the use of a deadly weapon. Defendant was sentenced to death for felony murder. Defendant's two codefendants were also convi...

Golightly & Vannah, PLLC v. TJ Allen, LLC  
Date: June 2, 2016
Citation: 132 Nev. Adv. Op. No. 41
Docket Number: 67927

Justia Opinion Summary: G&V received settlement funds from a personal injury claim without first filing perfection notices. NRS 18.015(3) requires an attorney to perfect a lien by serving notice "upon the party against whom the client has a cau...

Valdez v. Aguilar  
Date: May 26, 2016
Citation: 132 Nev. Adv. Op. No. 37
Docket Number: 66854

Justia Opinion Summary: Appellant, as the custodial parent, sought child support payments from respondent. The district court entered a child support order; appellant subsequently moved for enforcement and alleged that respondent had child supp...

Griffith v. Gonzales-Alpizar  
Date: May 26, 2016
Citation: 132 Nev. Adv. Op. No. 38
Docket Number: 67772

Justia Opinion Summary: After respondent received a judgment for child support arrears and penalties against appellant in Nevada, as well as an award of attorney fees, appellant appealed the order. Under NRS 125.040(1)(c), a district court has...

Badger v. Eighth Jud. Dist. Ct.  
Date: May 26, 2016
Citation: 132 Nev. Adv. Op. No. 39
Docket Number: 67835

Justia Opinion Summary: After the Borrower defaulted on a loan, the Guarantor (the petitioner) allegedly breached the guaranty. Omni (the real party in interest) filed a complaint against the Guarantor for the alleged default on the guaranty. A...

Slade v. Caesars Ent. Corp.  
Date: May 12, 2016
Citation: 132 Nev. Adv. Op. No. 36
Docket Number: 62720

Justia Opinion Summary: Plaintiff was evicted from all properties owned, operated, or managed by Caesers Entertainment Corporation, which owns and operates a number of casinos throughout the United States. Plaintiff filed this action alleging t...

Anderson v. Sanchez  
Date: April 28, 2016
Citation: 132 Nev. Adv. Op. No. 34
Docket Number: 62059

Justia Opinion Summary: Mark Anderson filed a complaint for divorce from Sophia Sanchez. The parties agreed to mediation to discuss the distribution of their assets and debts. The parties reached a settlement agreement and signed a written Memo...

Horizons at Seven Hills Homeowners Ass’n v. Ikon Holdings, LLC  
Date: April 28, 2016
Citation: 132 Nev. Adv. Op. No. 35
Docket Number: 63178

Justia Opinion Summary: Hawley McIntosh purchased a home located within a common-interest community. McIntosh’s first mortgage lender subsequently foreclosed on McIntosh’s home. Scott Ludwig purchased the property and subsequently transferred t...

Bowman v. State  
Date: April 28, 2016
Citation: 132 Nev. Adv. Op. No. 30
Docket Number: 67656

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of trafficking in a controlled substance. Defendant moved to declare a mistrial and order a new trial due to juror misconduct, arguing that there was a reasonable...

Newman v. State  
Date: April 28, 2016
Citation: 132 Nev. Adv. Op. No. 31
Docket Numbers: 67756, 67763

Justia Opinion Summary: Appellant entered a guilty plea to conspiracy to commit grand larceny. While on probation, Appellant was charged with and pleaded guilty to possession of a controlled substance. Instead of imposing a sentence in that cas...

Kelley v. State  
Date: April 28, 2016
Citation: 132 Nev. Adv. Op. No. 32
Docket Number: 67777

Justia Opinion Summary: Appellant was charged with felony eluding a police officer and misdemeanor reckless driving based on the same incident. Appellant pleaded no contest to misdemeanor reckless driving and then moved to dismiss the felony el...

State v. Second Judicial Dist. Court  
Date: April 28, 2016
Citation: 132 Nev. Adv. Op. No. 33
Docket Number: 68476

Justia Opinion Summary: Ayden A., a sixteen-year-old minor, was admitted to West Hills Hospital because he was deemed to be emotional disturbed and a danger to himself. One week later, the State filed a petition for involuntary placement in a l...

Schofield v. State  
Date: April 21, 2016
Citation: 132 Nev. Adv. Op. No. 26
Docket Number: 65193

Justia Opinion Summary: After a jury trial, Defendant was convicted of child abuse and first-degree kidnapping in violation of Nev. Rev. Stat. 200.310(1). Section 200.310(1) makes it a category A felony to lead, take, entice, or carry away or d...

Taylor v. State  
Date: April 21, 2016
Citation: 132 Nev. Adv. Op. No. 27
Docket Number: 65388

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

McClendon v. Collins  
Date: April 21, 2016
Citation: 132 Nev. Adv. Op. No. 28
Docket Number: 66473

Justia Opinion Summary: This lawsuit arose after Diane Collins rear-ended Ja Cynta McClendon’s car. Collins designated Dr. Eugene Appel as a testifying medical expert and filed an expert witness report. Before McClendon was able to depose Appel...

Grupo Famsa, S.A. de C.V. v. Eighth Judicial Dist. Court  
Date: April 21, 2016
Citation: 132 Nev. Adv. Op. No. 29
Docket Number: 68626

Justia Opinion Summary: Grupo Famsa, S.A. de C.V. (Grupo), a Mexican company, agreed to guarantee a commercial lease entered into between Famsa, Inc. (Famsa) and Uno LLC (Uno). When Famsa failed to comply with the terms of the lease, Uno filed...

Hunter v. Gang  
Date: April 7, 2016
Citation: 132 Nev. Adv. Op. No. 22
Docket Numbers: 59691, 63804

Justia Opinion Summary: On December 4, 2009, Plaintiff filed a verified complaint asserting claims to quiet title and for adverse possession. On August 11, 2011, Defendant moved to dismiss Plaintiff’s action with prejudice for want of prosecuti...

Carroll v. State  
Date: April 7, 2016
Citation: 132 Nev. Adv. Op. No. 23
Docket Number: 64757

Justia Opinion Summary: After a jury trial, Defendant was found guilty of murder with the use of a deadly weapon and conspiracy to commit murder. The district court sentenced Defendant to life with the possibility of parole for the first-degree...

Poremba v. Southern Nevada Paving  
Date: April 7, 2016
Citation: 132 Nev. Adv. Op. No. 24
Docket Number: 66888

Justia Opinion Summary: In Employers Insurance Co. of Nevada v. Chandler, the Supreme Court held that an insurer may refuse to pay additional funds when a claimant reopens a workers’ compensation claim until the claimant demonstrates that he or...

Jackson v. Groenendyke  
Date: April 7, 2016
Citation: 132 Nev. Adv. Op. No. 25
Docket Number: 67289

Justia Opinion Summary: The parties in this case disputed who had rights to certain spring waters. The state engineer adjudicated the parties’ rights and entered a final order of determination. Both parties filed exceptions to the state enginee...

McCarty v. State  
Date: March 31, 2016
Citation: 132 Nev. Adv. Op. No. 20
Docket Number: 58101

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of first-degree murder with the use of a deadly weapon, one count of conspiracy to commit murder, and related crimes. Defendant was sentenced to death for each mu...

Vu v. Second Judicial Dist. Court  
Date: March 31, 2016
Citation: 132 Nev. Adv. Op. No. 21
Docket Number: 65498

Justia Opinion Summary: A psychiatrist filed a petition for court-ordered continued involuntary admission of Petitioner to a mental health facility on the grounds that there was an imminent risk that Petitioner would harm himself or others if h...

State, Employment Sec. Div. v. Murphy  
Date: March 31, 2016
Citation: 132 Nev. Adv. Op. No. 18
Docket Number: 65681

Justia Opinion Summary: Respondent pleaded guilty to possession of stolen property. Because he could not afford bail, Respondent was incarcerated for one year. Respondent was fired by Employer because of his unexcused absences caused by his inc...

Jesus F. v. Washoe County Dep’t of Soc. Servs.  
Date: March 31, 2016
Citation: 132 Nev. Adv. Op. No. 19
Docket Number: 67063

Justia Opinion Summary: The Washoe County Department of Social Services filed a petition to terminate Father’s parental rights as to his three minor children. Father filed a demand for a jury trial. The district court denied Father’s demand, co...

Rish v. Simao  
Date: March 17, 2016
Citation: 132 Nev. Adv. Op. No. 17
Docket Numbers: 58504, 59208, 59423

Justia Opinion Summary: Respondents filed a personal injury suit against Appellant arising from an automobile accident. Before trial, Respondents filed a motion in limine to preclude Appellant from presenting a low-impact defense in the case. T...

Tom v. Innovative Home Sys.  
Date: March 10, 2016
Citation: 132 Nev. Adv. Op. No. 15
Docket Numbers: 65419, 66006

Justia Opinion Summary: Respondent, a contractor, and Appellant, a homeowner, entered into a contract under which Respondent agreed to install automation, sound, surveillance, and landscaping systems in Appellant’s residence. Respondent did not...

Hairr v. First Judicial Dist. Court  
Date: March 10, 2016
Citation: 132 Nev. Adv. Op. No. 16
Docket Number: 69580

Justia Opinion Summary: Plaintiffs, on their own behalf and on behalf of their minor children, challenged the constitutionality of Senate Bill 302 (S.B. 302) by filing suit against the State Treasurer. Petitioners, parents seeking to apply for...

Goodwin v. Jones  
Date: March 3, 2016
Citation: 132 Nev. Adv. Op. No. 12
Docket Number: 62493

Justia Opinion Summary: Appellant was terminated from her employment with Employer for failing to maintain an intern certification or obtain a counselor certification as required by Employer’s employment policy. Appellant applied to the Departm...

Dep't of Pub. Safety v. Coley  
Date: March 3, 2016
Citation: 132 Nev. Adv. Op. No. 13
Docket Number: 67864

Justia Opinion Summary: In 2014, Respondent applied to the Division of Parole and Probation for a change in his probation discharge status under a set of regulations adopted pursuant to a statute (referred to as Section 16) that sunsetted in 20...

Micone v. Micone  
Date: March 3, 2016
Citation: 132 Nev. Adv. Op. No. 14
Docket Number: 67934

Justia Opinion Summary: Kerstan and Michael Micone divorced in 2009. The parties were awarded joint legal custody of their two minor children, and Kersten received primary physical custody of both children. In 2013, the parties’ daughter, I.M.,...

Rippo v. State  
Date: February 25, 2016
Citation: 132 Nev. Adv. Op. No. 11
Docket Number: 53626

Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of first-degree murder and related felonies. Defendant was sentenced to death. Defendant filed a postconviction habeas proceeding but was denied relief. Defend...

Nev. Dep’t of Transp. v. Eighth Judicial Dist. Court  
Date: February 25, 2016
Citation: 132 Nev. Adv. Op. No. 10
Docket Number: 67465

Justia Opinion Summary: Jorgenson & Koka, LLP (J&K) filed this professional negligence action against the Nevada Department of Transportation (NDOT) and real parties in interest PWREO Eastern and St. Rose LLC (collectively, PWREO) and the City...

Quisano v. State  
Date: February 18, 2016
Citation: 132 Nev. Adv. Op. No. 9
Docket Number: 66816

Justia Opinion Summary: Appellant pleaded guilty, pursuant to Alford, to voluntary manslaughter and child abuse, neglect, or endangerment with substantial bodily harm. After entry of Appellant’s guilty plea, but before sentencing, the State obt...

In re Estate of Black  
Date: February 4, 2016
Citation: 132 Nev. Adv. Op. No. 7
Docket Number: 63960

Justia Opinion Summary: Appellant filed a timely post-probate will contest but failed to timely issue a citation to Respondent, the executor of the estate, in accordance with Nev. Rev. Stat. 137.090. Appellant filed a petition to enlarge time f...

MB America, Inc. v. Alaska Pacific Leasing Co.  
Date: February 4, 2016
Citation: 132 Nev. Adv. Op. No. 8
Docket Numbers: 66860, 67329

Justia Opinion Summary: MB America, Inc. (MBA) and Alaska Pacific Leasing Company entered into an agreement whereby Alaska Pacific agreed to become a dealer for MBA’s line of products. A dispute later arose between the parties, and MBA sued Ala...

Shadow Wood Homeowners Ass’n, Inc. v. N.Y. Cmty. Bancorp, Inc.  
Date: January 28, 2016
Citation: 132 Nev. Adv. Op. No. 5
Docket Number: 63180

Justia Opinion Summary: Appellants in this case were a homeowners’ association (HOA) and a foreclosure sale buyer. On summary judgment, the district court set aside a trustee’s deed following the HOA’s assessment lien foreclosure sale, holding...

Corp. of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Seventh Judicial Dist. Court  
Date: January 28, 2016
Citation: 132 Nev. Adv. Op. No. 6
Docket Number: 65424

Justia Opinion Summary: Nev. Rev. Stat. 533.3705(1) allows the State Engineer to subject newly approved water applications to an incremental use process. The statute was enacted in 2007. In 1989, Southern Nevada Water Authority (SNWA) filed var...

Principal Investments v. Harrison  
Date: January 14, 2016
Citation: 132 Nev. Adv. Op. No. 2
Docket Number: 59837

Justia Opinion Summary: Appellant, a payday loan company, provided loans to the named plaintiffs. The named plaintiffs and other borrowers did not repay their loans, prompting Appellant to file several thousand individual collection actions. Ap...

Southern Highlands Cmty. Ass’n v. San Florentine Ave. Trust  
Date: January 14, 2016
Citation: 132 Nev. Adv. Op. No. 3
Docket Number: 66177

Justia Opinion Summary: Under Nev. Rev. Stat. 116.3116(4), if two or more homeowners’ associations (HOAs) have liens for assessments created at any time on the same property, those liens have “equal priority.” The property at issue in this disp...

City of Fernley v. State, Dep't of Taxation  
Date: January 14, 2016
Citation: 132 Nev. Adv. Op. No. 4
Docket Number: 66851

Justia Opinion Summary: The City of Fernley filed a complaint seeking declaratory and injunctive relief arguing that the Local Government Tax Distribution Account under Nev. Rev. Stat. 360.660 violates the Separation of Powers Doctrine and the...

Manuela H. v. Eighth Judicial Dist. Court  
Date: January 7, 2016
Citation: 132 Nev. Adv. Op. No. 1
Docket Number: 67127

Justia Opinion Summary: The State filed an amended abuse and neglect petition alleging that Mother’s two minor children needed the State’s protection. Mother’s case plan included a provision that she must randomly submit to drug testing. The di...

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