Supreme Court of Nevada Decisions 2017

Peck v. Zipf  
Date: December 28, 2017
Citation: 133 Nev. Adv. Op. No. 108
Docket Number: 68664

Justia Opinion Summary: The Nevada Supreme Court affirmed the district court's dismissal of the complaint for lack of an expert affidavit in a medical malpractice action. NRS 41A.071 provides that a district court must dismiss a plaintiff's med...

McCrosky v. Carson Tahoe Regional Medical Center  
Date: December 28, 2017
Citation: 133 Nev. Adv. Op. No. 115
Docket Number: 70325

Justia Opinion Summary: The Nevada Supreme Court held that Nevada law recognizes vicarious liability where a doctor works for the hospital as an independent contractor so long as an ostensible agency relationship existed between the hospital an...

Jefferson v. Nevada  
Date: December 28, 2017
Citation: 133 Nev. Adv. Op. No. 105
Docket Number: 70732

Justia Opinion Summary: The Nevada Supreme Court affirmed the district court's denial of defendant's postconviction petition for a writ of habeas corpus. The court held that the filing of a bar complaint does not create a per se conflict of int...

Jackson v. State  
Date: December 28, 2017
Citation: 133 Nev. Adv. Op. No. 106
Docket Number: 70870

Justia Opinion Summary: The Nevada Supreme Court affirmed the district court's order revoking probation and an amended judgment of conviction. The court held that in an appeal taken from an amended judgment of conviction, the appellant may only...

Boca Park Marketplace Syndications Group, LLC v. Higco, Inc.  
Date: December 28, 2017
Citation: 133 Nev. Adv. Op. No. 114
Docket Number: 71085

Justia Opinion Summary: In this commercial dispute over an exclusive use clause in a lease for space in a shopping center, the Nevada Supreme Court held that the doctrine of claim preclusion did not prevent the tenant from suing its landlord fo...

Hawkins v. The Eighth Judicial District  
Date: December 28, 2017
Citation: 133 Nev. Adv. Op. No. 109
Docket Number: 71759

Justia Opinion Summary: The Nevada Supreme Court granted a petition for mandamus challenging the district court's order awarding attorney fees as a sanction for work done by later-disqualified attorneys. The court held that the district court m...

Rodriguez v. Nevada  
Date: December 28, 2017
Citation: 133 Nev. Adv. Op. No. 110
Docket Number: 71920

Justia Opinion Summary: The Nevada Supreme Court affirmed defendant's conviction for battery with the use of a deadly weapon. The court held that, within the context of battery, "deadly weapon" included an instrument which, under the circumstan...

Soro v. The Eighth Judicial District Court  
Date: December 28, 2017
Citation: 133 Nev. Adv. Op. No. 107
Docket Number: 72086

Justia Opinion Summary: The Nevada Supreme Court denied a petition for writ of mandamus and/or prohibition arising from a denial of a motion to dismiss in a foreclosure deficiency action. In this case, petitioners moved to dismiss the underlyin...

Eureka County v. The Seventh Judicial District Court  
Date: December 28, 2017
Citation: 133 Nev. Adv. Op. No. 111
Docket Number: 72317

Justia Opinion Summary: Due process required junior water rights holders in Diamond Valley be given notice and an opportunity to be heard in proceedings by the district court considering the curtailment of water rights. In this case, a vested,...

Segovia v. The Eighth Judicial District Court  
Date: December 28, 2017
Citation: 133 Nev. Adv. Op. No. 112
Docket Number: 72416

Justia Opinion Summary: The Nevada Supreme Court denied a writ of prohibition or, in the alternative, mandamus challenging the district court's order in a medical malpractice case. Petitioner, a physician assistant, petitioned the court to dete...

Brown v. The Eighth Judicial District Court  
Date: December 28, 2017
Citation: 133 Nev. Adv. Op. No. 113
Docket Number: 72950

Justia Opinion Summary: The Nevada Supreme Court granted a writ of mandamus instructing the district court to vacate its order denying petitioner's motion for expert services at public expense and to reconsider the motion. In Widdis v. Second J...

Franchise Tax Board v. Hyatt  
Date: December 26, 2017
Citation: 133 Nev. Adv. Op. No. 102
Docket Number: 53264

Justia Opinion Summary: The Constitution does not permit Nevada to award damages against California agencies under Nevada law that are greater than it could award against Nevada agencies in similar circumstances. Therefore, the Nevada Supreme C...

Nevada Department of Business & Industry v. Dollar Loan Center, LLC  
Date: December 26, 2017
Citation: 133 Nev. Adv. Op. No. 103
Docket Number: 70002

Justia Opinion Summary: NRS 604A.480(2)(f) bars a licensee from bringing any type of enforcement action on a refinancing loan made under NRS 604A.480(2). In this case, the Nevada Supreme Court held that the district court erred in concluding th...

Arcella v. Arcella  
Date: December 26, 2017
Citation: 133 Nev. Adv. Op. No. 104
Docket Number: 71503

Justia Opinion Summary: In child custody cases, the focus of the court's inquiry must remain on the child's best interest and not the religious preferences of the parents. In this case, the Nevada Supreme Court held that the district court trea...

Archon Corp. v. Eighth Judicial District Court  
Date: December 21, 2017
Citation: 133 Nev. Adv. Op. No. 101
Docket Number: 71802

Justia Opinion Summary: At issue was when it is appropriate for the Supreme Court to exercise its discretion to grant extraordinary relief in the form of advisory mandamus. In this petition for writ of prohibition or mandamus challenging the d...

Shue v. State  
Date: December 14, 2017
Citation: 133 Nev. Adv. Op. No. 99
Docket Number: 67428

Justia Opinion Summary: The Supreme Court affirmed in part and vacated and reversed in part Defendant’s convictions of child abuse and neglect, twenty-nine counts of use of a child in the production of pornography, ten counts of possession of v...

State, Department of Health & Human Services v. Samantha Inc.  
Date: December 14, 2017
Citation: 133 Nev. Adv. Op. No. 100
Docket Number: 71123

Justia Opinion Summary: The Supreme Court vacated the district court’s order granting Respondent’s petition for judicial review filed under Nev. Rev. Stat. 233B, the Nevada Administrative Procedure Act (APA), holding that the application proces...

Doe v. State ex rel. Legislature of 77th Session  
Date: December 7, 2017
Citation: 133 Nev. Adv. Op. No. 93
Docket Number: 69801

Justia Opinion Summary: Nevada’s medical marijuana registry does not violate the Due Process, Equal Protection, or Self-Incrimination Clauses of the United States or Nevada Constitutions. Appellant in this case applied for and received a regis...

Abid v. Abid  
Date: December 7, 2017
Citation: 133 Nev. Adv. Op. No. 94
Docket Number: 69995

Justia Opinion Summary: In this custody case, the Supreme Court affirmed the decision of the district court to provide recordings of conversations between Father’s child and his ex-wife surreptitiously recorded by Father to a psychologist appoi...

Neville v. Eighth Judicial District Court  
Date: December 7, 2017
Citation: 133 Nev. Adv. Op. No. 95
Docket Number: 70696

Justia Opinion Summary: Nev. Rev. Stat. 608.140, which allows for assessment of attorney fees in a private cause of action for recovery of unpaid wages, explicitly recognizes a private cause of action for unpaid wages, and accordingly, Nev. Rev...

Agwara v. State Bar of Nevada  
Date: December 7, 2017
Citation: 133 Nev. Adv. Op. No. 96
Docket Number: 70888

Justia Opinion Summary: The Supreme Court denied in part and granted in part a petition for a writ of mandamus or prohibition filed by Petitioner, an attorney who was being investigated by the State Bar of Nevada for potential ethical violation...

Mullner v. State  
Date: December 7, 2017
Citation: 133 Nev. Adv. Op. No. 98
Docket Number: 71030

Justia Opinion Summary: The Supreme Court affirmed Appellant’s convictions for burglary, robbery, coercion, and other crimes and Appellant’s sentence as a habitual criminal. The court held (1) contrary to Appellant’s argument on appeal, the dis...

In re Parental Rights as to T.L.  
Date: December 7, 2017
Citation: 133 Nev. Adv. Op. No. 97
Docket Number: 72563

Justia Opinion Summary: The Supreme Court dismissed this appeal brought by Parent challenging the district court’s placement decision following the termination of Parent’s parental rights where Parent entered into a stipulation agreeing to the...

Collins v. State  
Date: November 22, 2017
Citation: 133 Nev. Adv. Op. No. 88
Docket Number: 69269

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of first-degree murder and robbery and his sentence of life imprisonment without the possibility of parole. The court held (1) under the...

Yu v. Yu  
Date: November 22, 2017
Citation: 133 Nev. Adv. Op. No. 90
Docket Number: 70348

Justia Opinion Summary: A post-judgment vexatious litigant determination may be considered in an appeal from an otherwise appealable order. In 2015, Appellant and Respondent were divorced via a divorce decree. Appellant subsequently filed seve...

Nationstar Mortgage, LLC v. Saticoy Bay LLC Series 2227 Shadow Canyon  
Date: November 22, 2017
Citation: 133 Nev. Adv. Op. No. 91
Docket Number: 70382

Justia Opinion Summary: In the wake of Shadow Wood Homeowners Ass’n v. New York Community Bankcorp, Inc., 355 P.3d 1105 (Nev. 2016), the Supreme Court took the opportunity in this case to provide further clarification as to whether a homeowners...

Bradley v. Eighth Judicial District Court  
Date: November 22, 2017
Citation: 133 Nev. Adv. Op. No. 92
Docket Number: 70522

Justia Opinion Summary: The general rule of privilege between psychologist and patient set forth in Nev. Rev. Stat. 49.209 applies when a criminal defendant seeks records related to a patient who is court-ordered to partake in therapy. J.A., a...

Gardner v. Eighth Judicial District Court  
Date: November 22, 2017
Citation: 133 Nev. Adv. Op. No. 89
Docket Number: 70823

Justia Opinion Summary: At issue was whether seven managers of an LLC were subject to suit for personal negligence as individual tortfeasors or under an alter ego theory of liability. Petitioners brought a negligence suit against an LLC and it...

Farmer v. State  
Date: November 16, 2017
Citation: 133 Nev. Adv. Op. No. 86
Docket Number: 65935

Justia Opinion Summary: The Supreme Court affirmed the trial court’s judgment convicting Appellant of four counts of sexual assault, eight counts of open or gross lewdness, and one count of indecent exposure. The convictions stemmed from accusa...

Harris v. State  
Date: November 16, 2017
Citation: 133 Nev. Adv. Op. No. 85
Docket Number: 70679

Justia Opinion Summary: Defense counsel’s affirmative misrepresentation regarding filing a postconviction petition and subsequent abandonment of Petitioner can be an impediment external to the defense to satisfy cause of the delay under Nev. Re...

IN RE: DISCIPLINE OF CHRISTOPHER READE
Date: November 16, 2017
Citation: 133 Nev. Adv. Op. No. 87
Docket Number: 70989
Sierra Packaging & Converting, LLC v. Chief Administrative Officer of Occupational Safety & Health Administration  
Date: November 16, 2017
Citation: 133 Nev. Adv. Op. No. 83
Docket Number: 71130

Justia Opinion Summary: Exposure to a hazard can be demonstrated by facts establishing that exposure to the hazard is reasonably predictable. Appellant in this case argued that the Nevada Occupational Safety and Health Administration (NOSHA) i...

Knickmeyer v. State  
Date: November 16, 2017
Citation: 133 Nev. Adv. Op. No. 84
Docket Number: 71372

Justia Opinion Summary: Judicial marshals are “peace officers” within the meaning of Nev. Rev. Stat. 289.040, 289.057 and 298.060, which provisions are intended to provide job-related protections to peace officers employed by law enforcement ag...

City of Las Vegas v. Eighth Judicial District Court  
Date: November 16, 2017
Citation: 133 Nev. Adv. Op. No. 82
Docket Number: 71637

Justia Opinion Summary: The Supreme Court granted the petition for a writ of mandamus filed by Petitioner, the City of Las Vegas challenging an appellate court’s review of unpreserved trial error, holding that the district court, acting in its...

Alotaibi v. State  
Date: November 9, 2017
Citation: 133 Nev. Adv. Op. No. 81
Docket Number: 67380

Justia Opinion Summary: At issue was whether, under the statutory definitions existing in 2012, the offense of statutory sexual seduction is a lesser-included offense of sexual assault when that offense is committed against a minor under fourte...

Szymborski v. Spring Mountain Treatment Center  
Date: October 26, 2017
Citation: 133 Nev. Adv. Op. No. 80
Docket Number: 66398

Justia Opinion Summary: The Supreme Court affirmed in part, reversed in part, and remanded a district court order dismissing a complaint against a medical treatment center for failure to attach a medical expert affidavit pursuant to Nev. Rev. S...

Clark County School District v. Payo  
Date: October 26, 2017
Citation: 133 Nev. Adv. Op. No. 79
Docket Number: 68443

Justia Opinion Summary: The Supreme Court reversed the judgment on a jury’s negligence verdict awarding past and future medical damages to a former middle school student who sustained an eye injury during his physical education class. On appeal...

Johnson v. State  
Date: October 5, 2017
Citation: 133 Nev. Adv. Op. No. 73
Docket Number: 65168

Justia Opinion Summary: When the Supreme Court reverses a death sentence on direct appeal and remands for a new penalty hearing, there is no longer a final judgment that triggers the one-year period set forth in Nev. Rev. Stat. 34.726(1) for fi...

Humphries v. New York-New York Hotel & Casino  
Date: October 5, 2017
Citation: 133 Nev. Adv. Op. No. 77
Docket Number: 65316

Justia Opinion Summary: The Supreme Court reversed the district court’s order granting summary judgment in favor of Respondent-casino, holding that the district court’s foreseeability analysis under Nev. Rev. Stat. 651.015 was too restrictive....

Mendenhall v. Tassinari  
Date: October 5, 2017
Citation: 133 Nev. Adv. Op. No. 78
Docket Number: 68053

Justia Opinion Summary: Both the general principles of claim preclusion and the terms in a Nev. R. Civ. P. 68 offer of judgment are implicated when a party seeks to relitigate claims after entry of a final judgment pursuant to the Rule 68 offer...

In re Parental Rights as to A.D.L.  
Date: October 5, 2017
Citation: 133 Nev. Adv. Op. No. 72
Docket Number: 69047

Justia Opinion Summary: A parent cannot be compelled to admit to a criminal act in order to maintain his or her parental rights. Appellant was required to admit to a crime for her to be considered in compliance with her case plan. The distric...

Fredianelli v. Martinez  
Date: October 5, 2017
Citation: 133 Nev. Adv. Op. No. 74
Docket Number: 69992

Justia Opinion Summary: Nev. Rev. Stat. 18.015, which provides for the enforcement of liens for attorney fees, as amended in 2013, provides for the enforcement of a retaining lien for attorney fees. Respondent represented Appellant in a pater...

Williams v. State, Department of Corrections  
Date: October 5, 2017
Citation: 133 Nev. Adv. Op. No. 75
Docket Number: 71039

Justia Opinion Summary: Where an offender was sentenced pursuant to a statute that requires a minimum term of not less than a set number of years but does not mention parole eligibility, credits apply to eligibility for parole as provided in Ne...

Sweat v. Eighth Judicial District Court  
Date: October 5, 2017
Citation: 133 Nev. Adv. Op. No. 76
Docket Number: 71110

Justia Opinion Summary: Where a defendant pleads guilty to a lesser charge pursuant to a plea agreement and fails to comply with the terms of that agreement, he waives his right to be protected from prosecution on a greater charge. Petitioner...

High Noon at Arlington Ranch Homeowners Ass’n v. Eighth Judicial District Court  
Date: September 27, 2017
Citation: 133 Nev. Adv. Op. No. 66
Docket Number: 65456

Justia Opinion Summary: Homeowners’ associations (HOAs) have representational standing to represent unit owners who purchase their units after litigation commences on claims alleging construction defects, but HOAs do not have standing under Nev...

Adelson v. Harris  
Date: September 27, 2017
Citation: 133 Nev. Adv. Op. No. 67
Docket Number: 67120

Justia Opinion Summary: The Supreme Court accepted two questions of law certified to it by the United States Court of Appeals, answering (1) a hyperlink to source material about a judicial proceeding may suffice as a report within the common la...

Ford Motor Co. v. Trejo  
Date: September 27, 2017
Citation: 133 Nev. Adv. Op. No. 68
Docket Number: 67843

Justia Opinion Summary: In this case, the Supreme Court declined to adopt a risk-utility test for strict product liability design defect claims and confirmed that claims of design defect grounded on strict product liability in Nevada will conti...

Gordon v. Geiger  
Date: September 27, 2017
Citation: 133 Nev. Adv. Op. No. 69
Docket Number: 67955

Justia Opinion Summary: The district court violated Mother’s due process rights by entering a sua sponte order permanently increasing Father’s visitation with the parties’ minor children and reducing Mother’s custodial time without sufficient n...

State Department of Transportation v. Eighth Judicial District Court  
Date: September 27, 2017
Citation: 133 Nev. Adv. Op. No. 70
Docket Number: 70098

Justia Opinion Summary: The Supreme Court granted the Nevada Department of Transportation’s (NDOT) petition for a writ of mandamus, holding that the district court erred in denying NDOT’s motions for summary judgment on Landowner’s contract cla...

State Engineer v. Eureka County  
Date: September 27, 2017
Citation: 133 Nev. Adv. Op. No. 71
Docket Number: 70157

Justia Opinion Summary: On remand from the Supreme Court, the district court properly granted Respondents’ petition for judicial review and properly vacated permits granted to Kobeh Valley Ranch, LLC (KVR) to appropriate water. In the first ap...

Franchise Tax Board v. Hyatt  
Date: September 14, 2017
Citation: 133 Nev. Adv. Op. No. 57
Docket Number: 53264

Justia Opinion Summary: The Supreme Court’s exception to immunity for intentional torts and bad-faith conduct survives its adoption of the federal discretionary-function immunity test. Plaintiff sued Franchise Tax Board of the State of Califo...

Paliotta v. State Department of Corrections  
Date: September 14, 2017
Citation: 133 Nev. Adv. Op. No. 58
Docket Number: 66664

Justia Opinion Summary: The Supreme Court reversed the district court’s dismissal of the claims of Appellant, a Nevada inmate who follows the Thelemic faith. After the State denied his request for a religious diet, Appellant filed suit under th...

Parametric Sound Corp. v. Eighth Judicial District Court  
Date: September 14, 2017
Citation: 133 Nev. Adv. Op. No. 59
Docket Number: 66689

Justia Opinion Summary: This case provided the Supreme Court with the opportunity to clarify Cohen v. Mirage Resorts, Inc., 62 P.3d 720 (Nev. 2003), and distinguish between direct and derivative claims by adopting the direct harm test as articu...

O.P.H. of Las Vegas, Inc. v. Oregon Mutual Insurance Co.  
Date: September 14, 2017
Citation: 133 Nev. Adv. Op. No. 60
Docket Number: 68543

Justia Opinion Summary: In this insurance policy cancellation dispute, the Supreme Court (1) reversed the district court’s grant of summary judgment for the insurance company and remanded the case so that the insured may pursue its claims again...

In re Dish Network Derivative Litigation  
Date: September 14, 2017
Citation: 133 Nev. Adv. Op. No. 61
Docket Numbers: 69012, 69729

Justia Opinion Summary: In these consolidated appeals, the Supreme Court addressed the appropriate legal standard for a district court’s consideration of a special litigation committee’s (SLC) recommendation that derivative claims should be dis...

Property Plus Investments, LLC v. Mortgage Electronic Registration Systems, Inc.  
Date: September 14, 2017
Citation: 133 Nev. Adv. Op. No. 62
Docket Number: 69072

Justia Opinion Summary: A homeowners association (HOA) is not limited to only one superpriority lien under the HOA lien statute, Nev. Rev. Stat. 116.3116, per parcel of property forever. In this case arising from conflicting claimed interests...

Thomas v. Eighth Judicial District Court  
Date: September 14, 2017
Citation: 133 Nev. Adv. Op. No. 63
Docket Number: 69074

Justia Opinion Summary: Pursuant to the protections of Nev. Const. art. I, 8, when a defendant requests a mistrial, jeopardy will also attach when a prosecutor intentionally proceeds in a course of egregious and improper conduct that causes the...

Ditech Financial LLC v. Buckles  
Date: September 14, 2017
Citation: 133 Nev. Adv. Op. No. 64
Docket Number: 70475

Justia Opinion Summary: Nev. Rev. Stat. 200.620, which prohibits a person from recording a telephone call unless both parties participating in the call consent to the recording, does not apply to the recording of interstate calls when the act o...

Facklam v. HSBC Bank USA  
Date: September 14, 2017
Citation: 133 Nev. Adv. Op. No. 65
Docket Number: 70786

Justia Opinion Summary: Here the Supreme Court declined to apply Nev. Rev. Stat. 11.190(1)(b)’s statute of limitations for contract actions to nonjudicial foreclosures because statutes of limitations only apply to judicial actions, and a nonjud...

LN Management LLC Series 5105 Portraits Place v. Green Tree Loan Servicing LLC  
Date: August 3, 2017
Citation: 133 Nev. Adv. Op. No. 55
Docket Number: 69477

Justia Opinion Summary: Certain real property was sold in violation of an automatic stay from the homeowners’ bankruptcy proceedings. Because the property was situated in Nevada, and the bankruptcy proceedings commenced in Texas, the Supreme Co...

Rural Telephone Co. v. Public Utilities Commission of Nevada  
Date: August 3, 2017
Citation: 133 Nev. Adv. Op. No. 53
Docket Number: 69612

Justia Opinion Summary: The district court lacks the authority to extend the deadline for filing the opening brief in a petition for judicial review of a public utilities commission. Rural Telephone Company (Appellant) filed an application wit...

City of Sparks v. Reno Newspapers, Inc.  
Date: August 3, 2017
Citation: 133 Nev. Adv. Op. No. 56
Docket Number: 69749

Justia Opinion Summary: The Supreme Court reversed the district court’s order granting a writ mandating disclosure of public records. The public records sought were copies of the business licenses of persons operating medical marijuana establis...

Gardner v. Henderson Water Park, LLC  
Date: August 3, 2017
Citation: 133 Nev. Adv. Op. No. 54
Docket Number: 71652

Justia Opinion Summary: Pursuant to Nev. Rev. Stat. 86.371 and 86.381, a member of a limited limitability company (LLC) cannot be personally responsible for the LLC’s liabilities solely by virtue of being a member. Plaintiffs filed suit agains...

Desai v. State  
Date: July 27, 2017
Citation: 133 Nev. Adv. Op. No. 48
Docket Number: 64591

Justia Opinion Summary: A defendant can be convicted of aiding and abetting a negligent or reckless crime upon sufficient proof that the aider and abettor possessed the necessary intent to aid in the act that caused the harm. The Supreme Court...

Southern California Edison v. State Department of Taxation  
Date: July 27, 2017
Citation: 133 Nev. Adv. Op. No. 49
Docket Number: 67497

Justia Opinion Summary: South California Edison (Edison) was not due a refund of use tax paid to Nevada because it did not demonstrate the existence of substantially similar entities that gained an unfair tax advantage because of the unconstitu...

Renfroe v. Lakeview Loan Servicing, LLC  
Date: July 27, 2017
Citation: 133 Nev. Adv. Op. No. 50
Docket Number: 68907

Justia Opinion Summary: The provisions of Nev. Rev. Stat. 116.3116, which provides homeowners’ associations (HOAs) a superpriority lien on up to nine months of unpaid HOA dues, are not preempted by federal law when the first deed of trust on th...

K&P Homes v. Christiana Trust  
Date: July 27, 2017
Citation: 133 Nev. Adv. Op. No. 51
Docket Number: 69966

Justia Opinion Summary: The Supreme Court’s holding in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 334 P.3d 408 (Nev. 2014) that foreclosures under Nev. Rev. Stat. 116.3116 extinguish first security interests applies to all foreclosures con...

Wynn Resorts, Ltd. v. Eighth Judicial District Court  
Date: July 27, 2017
Citation: 133 Nev. Adv. Op. No. 52
Docket Numbers: 70050, 70452

Justia Opinion Summary: In these related original petitions for extraordinary relief the Supreme Court considered the issue of whether documents otherwise protected by the attorney-client privilege must be disclosed when the business judgment r...

Jeffries v. State  
Date: July 6, 2017
Citation: 133 Nev. Adv. Op. No. 47
Docket Number: 68338

Justia Opinion Summary: The Supreme Court affirmed the district court’s judgment convicting Defendant of second-degree murder. On appeal, Defendant argued in part that the district court erred by denying his motion for a mistrial based on prose...

Hefetz v. Beavor  
Date: July 6, 2017
Citation: 133 Nev. Adv. Op. No. 46
Docket Number: 70327

Justia Opinion Summary: The one-action rule, which generally requires a creditor seeking to recover debt secured by real property to proceed against the security prior to seeking recovery from the debtor personally, must be timely interposed as...

Anselmo v. Bisbee  
Date: June 29, 2017
Citation: 133 Nev. Adv. Op. No. 45
Docket Number: 67619

Justia Opinion Summary: The Supreme Court granted Petitioner’s petition for extraordinary relief requesting the Nevada Parole Board to reconsider its decision to deny parole, holding that Petitioner was entitled to a new parole hearing because...

Delucchi v. Songer  
Date: June 29, 2017
Citation: 133 Nev. Adv. Op. No. 42
Docket Number: 68994

Justia Opinion Summary: Portions of the 2013 amendments to Nevada’s anti-SLAPP statutes clarified existing law such that they apply retroactively, but the remaining applicable portions of the 2013 amendments effected a substantive change in the...

Nevada Commission on Ethics v. Hansen  
Date: June 29, 2017
Citation: 133 Nev. Adv. Op. No. 39
Docket Number: 69100

Justia Opinion Summary: Fred Voltz filed an ethics complaint, termed a request for opinion (RFO), against Assemblymen Ira Hansen and Assemblyman Jim Wheeler with the State of Nevada Commission on Ethics. The Commission denied the assemblymen’s...

Washoe County School District v. White  
Date: June 29, 2017
Citation: 133 Nev. Adv. Op. No. 43
Docket Number: 69385

Justia Opinion Summary: The district court erred in granting a motion to vacate an arbitration award affirming a school district’s termination of a principal. The Supreme Court reversed the district court’s order granting Respondents’ motion to...

Malfitano v. County of Storey  
Date: June 29, 2017
Citation: 133 Nev. Adv. Op. No. 40
Docket Number: 70055

Justia Opinion Summary: The district court did not err by concluding Appellant’s due process and equal protection rights were not violated by the Storey County Liquor Board's denial of Appellant’s applications for liquor licenses. Appellant fil...

In re Parental Rights as to R.T.  
Date: June 29, 2017
Citation: 133 Nev. Adv. Op. No. 38
Docket Number: 70210

Justia Opinion Summary: Poverty is not, and never has been, a valid basis for terminating one’s parental rights. After a bench trial, the district court issued an order terminating Mother’s parental rights to all four of her children. Mother a...

Brioady v. State  
Date: June 29, 2017
Citation: 133 Nev. Adv. Op. No. 41
Docket Number: 70311

Justia Opinion Summary: Under the circumstances of this case, where the evidence indicated both juror misconduct during voir dire and resulting prejudice, the district court abused its discretion in denying Defendant’s motion for a new trial....

Rawson v. Ninth Judicial District Court  
Date: June 29, 2017
Citation: 133 Nev. Adv. Op. No. 44
Docket Number: 71548

Justia Opinion Summary: A final order adjudicating a judgment debtor proceeding is appealable under Nev. R. App. P. 3A(b)(1), and such an appeal is generally a plain, speedy, and adequate remedy that precludes extraordinary writ relief. Petit...

Vaile v. Porsboll  
Date: June 22, 2017
Citation: 133 Nev. Adv. Op. No. 30
Docket Number: 61415

Justia Opinion Summary: Pursuant to Nev. Rev. Stat. 130.207, a Nevada child support order controlled over a Norway order. Mother and Father were granted a divorce from a Nevada court. Their children habitually resided in Norway. At issue in th...

Pizarro-Ortega v. Cervantes-Lopez  
Date: June 22, 2017
Citation: 133 Nev. Adv. Op. No. 37
Docket Number: 68471

Justia Opinion Summary: Future medical expenses are a category of damages to which Nev. R. Civ. P. 16.1(a)(1)(C)’s computation “of any category of damages claimed” requirement applies, and a plaintiff is not excused of complying with the rule b...

Pimentel v. State  
Date: June 22, 2017
Citation: 133 Nev. Adv. Op. No. 31
Docket Number: 68710

Justia Opinion Summary: Nev. Rev. Stat. 200.450 - which provides that if any person, “upon previous concert and agreement,” fights with any and person and one person dies in the fight, the surviving fighter is guilty of first-degree murder - is...

Nguyen v. Boynes  
Date: June 22, 2017
Citation: 133 Nev. Adv. Op. No. 32
Docket Number: 69166

Justia Opinion Summary: The district court did not err in granting Robert Boynes paternity over a child adopted by Ken Nguyen under the equitable adoption doctrine. During their relationship, Rob and Ken decided to adopt a child. The parties e...

Bertsch v. Eighth Judicial District Court  
Date: June 22, 2017
Citation: 133 Nev. Adv. Op. No. 33
Docket Number: 69381

Justia Opinion Summary: The Barton doctrine is extended to a court-appointed accountant in the capacity of a special master, thus requiring an individual to seek leave of the appointing court prior to filing suit in a non-appointing court again...

Nationstar Mortgage, LLC v. SFR Investments Pool 1, LLC  
Date: June 22, 2017
Citation: 133 Nev. Adv. Op. No. 34
Docket Number: 69400

Justia Opinion Summary: The servicer of a loan owned by a regulated entity has standing to assert the Federal Foreclosure Bar in a quiet title action. Nationstar Mortgage, LLC was assigned a deed of trust. When Respondent purchased the propert...

Board of Review v. Second Judicial District Court  
Date: June 22, 2017
Citation: 133 Nev. Adv. Op. No. 35
Docket Number: 69499

Justia Opinion Summary: Based on the plain language of Nev. Rev. Stat. 612.530(1), the requirement that all relevant parties be named as defendants must be completed as timely as the rest of the petition. The Board of Review and the Administra...

City of Henderson v. Amado  
Date: June 22, 2017
Citation: 133 Nev. Adv. Op. No. 36
Docket Number: 70500

Justia Opinion Summary: A plain reading of Nev. Rev. Stat. 174.085(5)(b) permitted the City of Henderson to file subsequent complaints in the same case numbers as the original complaints after the City voluntarily dismissed criminal complaints...

Sargeant v. Henderson Taxi  
Date: June 1, 2017
Citation: 133 Nev. Adv. Op. No. 27
Docket Number: 69773

Justia Opinion Summary: Appellant filed a class action lawsuit against Respondent, a taxi company, seeking back pay and equitable relief under the Minimum Wage Amendment of the Nevada Constitution (MWA). The district court denied class certific...

A.J. v. Eighth Judicial District Court  
Date: June 1, 2017
Citation: 133 Nev. Adv. Op. No. 28
Docket Number: 70119

Justia Opinion Summary: When a minor is arrested solely for solicitation or prostitution but is charged in juvenile court with offenses other than prostitution or solicitation, Nev. Rev. Stat. 62C.240 applies, precluding formal adjudication of...

O'Neal v. Hudson  
Date: June 1, 2017
Citation: 133 Nev. Adv. Op. No. 29
Docket Number: 70446

Justia Opinion Summary: A document is filed with the district court upon acceptance for filing by the judge, and the judge’s failure to note the date of filing on the document and failure to transmit it to the office of the clerk is a ministeri...

In re D.T.
Date: May 25, 2017
Citation: 133 Nev. Adv. Op. No. 23
Docket Number: 62009
Klabacka v. Nelson
Date: May 25, 2017
Citation: 133 Nev. Adv. Op. No. 24
Docket Number: 66772
Iliescu v. Steppan
Date: May 25, 2017
Citation: 133 Nev. Adv. Op. No. 25
Docket Number: 68346
In re Davis Family Heritage Trust
Date: May 25, 2017
Citation: 133 Nev. Adv. Op. No. 26
Docket Numbers: 68542, 68948
In re Parental Rights as to M.M.L.  
Date: May 11, 2017
Citation: 133 Nev. Adv. Op. No. 21
Docket Number: 69210

Justia Opinion Summary: The district court did not violate any rules and complied with due process requirements when it terminated Mother’s parental rights without her presence and ability to assist in her defense. Mother had been arrested befo...

In re Discipline of Treffinger
Date: May 11, 2017
Citation: 133 Nev. Adv. Op. No. 22
Docket Number: 70143
In re W.N. Connell & Marjorie T. Connell Living Trust  
Date: May 4, 2017
Citation: 133 Nev. Adv. Op. No. 19
Docket Numbers: 66231, 67782, 68046

Justia Opinion Summary: These consolidated appeals concerned orders issuing a preliminary injunction, appointing a temporary trustee, granting summary judgment, and awarding attorney fees in a trust action. The Supreme Court affirmed in part an...

Stewart v. State  
Date: May 4, 2017
Citation: 133 Nev. Adv. Op. No. 20
Docket Number: 70069

Justia Opinion Summary: Defendant appealed his convictions for conspiracy to commit robbery, burglary, robbery, and first-degree kidnapping, arguing that there was insufficient evidence to support a conviction of both robbery and kidnapping and...

Pub. Employees' Retirement System of Nevada v. Gitter  
Date: April 27, 2017
Citation: 133 Nev. Adv. Op. No. 18
Docket Number: 69208

Justia Opinion Summary: At issue in this consolidated matter was whether Nevada’s general slayer statutes apply to the Public Employees’ Retirement Act (PERS Act) for the purposes of determining payment of survivor benefits. The Supreme Court h...

Solid v. Eighth Judicial District Court  
Date: April 27, 2017
Citation: 133 Nev. Adv. Op. No. 17
Docket Number: 71089

Justia Opinion Summary: My Entertainment TV (MET) filmed Michael Solid’s first-degree murder trial for use in a television “docudrama.” Solid filed this writ petition seeking interpretation of the Supreme Court Rules involving media in the cour...

Petit v. Adrianzen  
Date: April 13, 2017
Citation: 133 Nev. Adv. Op. No. 15
Docket Number: 66565

Justia Opinion Summary: After they were married, Mother and Father had a child. Before their child was born, the parties failed to reach an agreement regarding the child’s surname. The parties were estranged when their child was born, and Mothe...

Honorable Catherine Ramsey v. City of North Las Vegas  
Date: April 13, 2017
Citation: 133 Nev. Adv. Op. No. 16
Docket Number: 68450

Justia Opinion Summary: In 1976, Nevada’s voters approved the creation of the Commission on Judicial Discipline through constitutional amendment. In this case, a group of individuals within the City of North Las Vegas sought to remove a municip...

New Horizon Kids Quest III, Inc. v. Eighth Judicial District Court  
Date: April 6, 2017
Citation: 133 Nev. Adv. Op. No. 14
Docket Number: 69920

Justia Opinion Summary: Law firm Hall Jaffee & Clayton (HJC) defended Petitioner in a tort action. The district court ultimately dismissed the action with prejudice. Jordan Schnitzer worked as an associate attorney at HJC during the case but ne...

Office of the Attorney General v. Justice Court  
Date: April 6, 2017
Citation: 133 Nev. Adv. Op. No. 12
Docket Number: 70795

Justia Opinion Summary: An amended criminal complaint was filed charging Maria Escalante and Ramiro Funez (collectively, Escalante) each with one count of trespass in violation of Nev. Rev. Stat. 207.200(1)(a). Escalante moved to dismiss the ch...

TRP International, Inc. v. Proimtu MMI LLC  
Date: April 6, 2017
Citation: 133 Nev. Adv. Op. No. 13
Docket Number: 71398

Justia Opinion Summary: Respondent filed an amended complaint asserting several claims relating to the construction of a solar electricity plant. The district court granted Appellant’s motion to dismiss the claims and certified the judgment as...

Renteria-Novoa v. State  
Date: March 30, 2017
Citation: 133 Nev. Adv. Op. No. 11
Docket Number: 68239

Justia Opinion Summary: After a jury trial, Appellant was convicted of thirty-six felony offenses and sentenced to a total term of life with the possibility of parole after eighty-five years. The conviction was affirmed on direct appeal. Therea...

Western Cab Co. v. Eighth Jud. Dist. Ct.
Date: March 16, 2017
Citation: 133 Nev. Adv. Op. No. 10
Docket Number: 69408
In re Frei Irrevocable Trust  
Date: March 2, 2017
Citation: 133 Nev. Adv. Op. No. 8
Docket Number: 68029

Justia Opinion Summary: Emil Frei and Adoria Frei, husband and wife, created an irrevocable trust (Trust) that was a spendthrift trust. The couple’s ten children were named equal beneficiaries under the Trust. After Adoria died, her son, Stephe...

Simmons v. Briones  
Date: March 2, 2017
Citation: 133 Nev. Adv. Op. No. 9
Docket Number: 69060

Justia Opinion Summary: Respondent sued Appellant for damages arising out of a motor vehicle accident. An arbitrator found in favor of Appellant and awarded him damages. After a trial de novo, a jury found in favor of Respondent and awarded him...

Righetti v. Eighth Judicial District Court  
Date: February 16, 2017
Citation: 133 Nev. Adv. Op. No. 7
Docket Number: 70591

Justia Opinion Summary: Petitioner was charged with murder under three theories. Petitioner pleaded guilty to murder but only to two of the three theories alleged. After the district court accepted the plea, problems arose because the State was...

Shapiro v. Welt  
Date: February 2, 2017
Citation: 133 Nev. Adv. Op. No. 6
Docket Number: 67363

Justia Opinion Summary: Howard Shapiro petitioned a New Jersey court to appoint him as conservator for his father. Respondents - Glen, Rhoda, Lynn, and Michelle Welt - opposed the petition. Howard and Jenna Shapiro (together, Appellants) filed...

Village League To Save Incline Assets, Inc. v. State, Board of Equalization  
Date: January 26, 2017
Citation: 133 Nev. Adv. Op. No. 1
Docket Number: 63581

Justia Opinion Summary: This appeal concerned a dispute between taxpayers from the Incline Village and Crystal Bay areas of Washoe County and Nevada State Board of Equalization concerning the State Board’s failure to equalize property values as...

Poremba v. Southern Nevada Paving  
Date: January 26, 2017
Citation: 133 Nev. Adv. Op. No. 2
Docket Number: 66888

Justia Opinion Summary: William Poremba (Appellant) was injured in an accident during the course of his employment with Southern Nevada Paving. Southern Nevada Paving, through S&C Claims (collectively, Respondents), accepted Appellant’s workers...

Saticoy Bay LLC Series 2021 Gray Eagle Way v. JPMorgan Chase Bank, N.A.  
Date: January 26, 2017
Citation: 133 Nev. Adv. Op. No. 3
Docket Number: 68431

Justia Opinion Summary: This appeal concerned the contested ownership of real property consisting of three lots. In 2012, JPMorgan Chase Bank, N.A. was assigned the beneficial interest of a deed of trust recorded against the property. In 2007,...

In re Beatrice B. Davis Family Heritage Trust  
Date: January 26, 2017
Citation: 133 Nev. Adv. Op. No. 4
Docket Numbers: 68542, 68948

Justia Opinion Summary: At issue in this appeal was a district court order accepting jurisdiction over a trust with a situs in Nevada and finding personal jurisdiction over the investment trust advisor. The Supreme Court was asked to interpret...

Saticoy Bay LLC Series 350 Durango 104 v. Wells Fargo Home Mortgage  
Date: January 26, 2017
Citation: 133 Nev. Adv. Op. No. 5
Docket Number: 68630

Justia Opinion Summary: Roy and Shirley Senholtz took out a loan from Wells Fargo Home Mortgage, a division of Walls Fargo Bank, N.A. (Wells Fargo). The loan was secured by a deed of trust on property governed by an a homeowners’ associations’...

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