Supreme Court of Nevada Decisions 2017
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: November 16, 2017
Citation: 133 Nev. Adv. Op. No. 87
Docket Number: 70989
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…
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…
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.…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: May 25, 2017
Citation: 133 Nev. Adv. Op. No. 24
Docket Numbers: 66772, 68292
Date: May 25, 2017
Citation: 133 Nev. Adv. Op. No. 26
Docket Numbers: 68542, 68948
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…
Date: May 11, 2017
Citation: 133 Nev. Adv. Op. No. 22
Docket Number: 70143
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
Date: March 16, 2017
Citation: 133 Nev. Adv. Op. No. 10
Docket Number: 69408
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,…
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…
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…
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…
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…
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…
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,…
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…
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’…
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
