Supreme Court of Nevada Decisions 2020

Kosor v. Olympia Companies, LLC  
Date: December 31, 2020
Citation: 136 Nev. Adv. Op. No. 83
Docket Number: 75669

Justia Opinion Summary: In this defamation action, the Supreme Court reversed the decision of the district court denying Defendant's special motion to dismiss under Nev. Rev. Stat. 41.660, Nevada's anti-SLAPP statute, holding that each of Defen...

In re Estate of Scheide  
Date: December 31, 2020
Citation: 136 Nev. Adv. Op. No. 84
Docket Number: 76924

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying St. Jude children's Research Hospital's petition to probate Theodore Scheide, Jr.'s lost will, holding that St. Jude met its burden to show the will was...

In re Estate of Horst Revocable Trust  
Date: December 31, 2020
Citation: 136 Nev. Adv. Op. No. 90
Docket Number: 77964

Justia Opinion Summary: The Supreme Court reversed the decision of the district court concluding that a residual beneficiary's objection to the second and third amendments to the Ella E. Horst Revocable Trust was time-barred under Nev. Rev. Sta...

Republic Silver State Disposal, Inc. v. Cash  
Date: December 31, 2020
Citation: 136 Nev. Adv. Op. No. 88
Docket Number: 78572

Justia Opinion Summary: The Supreme Court held that when a tortfeasor settles with the plaintiff, the tortfeasor may then assert a claim for contribution against a doctor who allegedly caused new injuries in treating the original injury. Marie...

Saticoy Bay, LLC Series 133 McLaren v. Green Tree Servicing LLC  
Date: December 31, 2020
Citation: 136 Nev. Adv. Op. No. 85
Docket Number: 78661

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court entering judgment for Green Tree Servicing, LLC in this action to quiet title brought after a homeowners' association (HOA) lien foreclosure sale upon finding...

Las Vegas Metropolitan Police Department v. Las Vegas Review-Journal  
Date: December 31, 2020
Citation: 136 Nev. Adv. Op. No. 86
Docket Number: 78967

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court ordering the Las Vegas Metropolitan Police Department (Metro) to disclose patrol officer unit assignments from 2014 through 2016, holding that the officers ha...

Mesi v. Mesi  
Date: December 31, 2020
Citation: 136 Nev. Adv. Op. No. 89
Docket Number: 79137

Justia Opinion Summary: In this divorce action in which Wife filed first in California and Husband filed second in Nevada, the Supreme Court reversed the district court's order dismissing the Nevada case, holding the the district court erred by...

Duong v. Fielden Hanson Isaacs Miyada Robison Yeh, Ltd.  
Date: December 31, 2020
Citation: 136 Nev. Adv. Op. No. 87
Docket Number: 79460

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting a preliminary injunction based on a blue-penciled noncompetition agreement, holding that Golden Road Motor Inn, Inc. v. Islam, 376 P.3d 151, 159 (Nev. 2...

Associated Risk Management, Inc. v. Ibanez  
Date: December 31, 2020
Citation: 136 Nev. Adv. Op. No. 91
Docket Number: 80480

Justia Opinion Summary: The Supreme Court reaffirmed in this case that undocumented aliens who are injured while working for a Nevada employer may be eligible for monetary disability benefits, holding that these monetary benefits, paid by the i...

Clark County School District v. Bryan  
Date: December 24, 2020
Citation: 136 Nev. Adv. Op. No. 82
Docket Numbers: 73856, 74566

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court in favor of Plaintiffs on their Title IX and 42 U.S.C. 1983 claims against a school district for student-on-student harassment and remanded for further findin...

Randolph v. State  
Date: December 10, 2020
Citation: 136 Nev. Adv. Op. No. 78
Docket Number: 73825

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of conspiring with a hitman to have his sixth wife murdered during a staged burglary and then murdering the hitman, holding that the district court abused its discretion...

Lathigee v. British Columbia Securities Commission  
Date: December 10, 2020
Citation: 136 Nev. Adv. Op. No. 79
Docket Number: 78833

Justia Opinion Summary: The Supreme Court affirmed the district court's decision to recognize and enforce in Nevada the disgorgement portion of a securities-fraud judgment from British Columbia, holding that the district court properly recogniz...

Kaur v. Singh  
Date: December 10, 2020
Citation: 136 Nev. Adv. Op. No. 77
Docket Number: 80090

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Rajwant Kaur's motion to set aside a 2004 divorce decree, holding that the district court erred because it did not consider the traditional judicial esto...

Banka v. State  
Date: December 10, 2020
Citation: 136 Nev. Adv. Op. No. 81
Docket Number: 80181

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of driving and/or being in actual physical control of a motor vehicle while under the influence of an intoxicating liquor or alcohol resulting in substantial bodily harm...

Walker v. Second Judicial District Court  
Date: December 10, 2020
Citation: 136 Nev. Adv. Op. No. 80
Docket Number: 80358

Justia Opinion Summary: In these two personal injury disputes the Supreme Court denied Petitioners' petition for a writ of mandamus demanding that the Supreme Court reverse the district court's order denying their two motions to strike requests...

In re Christian Family Trust  
Date: December 3, 2020
Citation: 136 Nev. Adv. Op. No. 73
Docket Number: 75750

Justia Opinion Summary: The Supreme Court held that a creditor of a settlor may bring a claim against a settlor of a trust so long as the settlor's interest in the trust is not solely discretionary and there is not a spendthrift provision precl...

Silverwing Development v. Nevada State Contractors  
Date: December 3, 2020
Citation: 136 Nev. Adv. Op. No. 74
Docket Number: 79134

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying the petition for judicial review filed by Silverwing Development challenging the fine imposed upon it by the Nevada State Contractors Board for improp...

In re Petition of Aragon  
Date: December 3, 2020
Citation: 136 Nev. Adv. Op. No. 75
Docket Number: 79638

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Appellant's petition to seal his criminal records stemming from a guilty plea to open or gross lewdness, a gross misdemeanor, holding that Appellant was...

State, Department of Transportation v. Bronder  
Date: December 3, 2020
Citation: 136 Nev. Adv. Op. No. 76
Docket Number: 79695

Justia Opinion Summary: The Supreme Court held that NAC 281.305(1)(a) is a jurisdictional rule that exceeds the rulemaking authority of the Nevada Department of Administration's Personnel Commission. NAC 281.305(1)(a) provides that a state off...

MDB Trucking, LLC v. Versa Products Co.  
Date: November 5, 2020
Citation: 136 Nev. Adv. Op. No. 72
Docket Numbers: 75022, 75319, 75321, 76395, 76396, 76397

Justia Opinion Summary: The Supreme Court reversed the order of the district court imposing case-termination sanctions on MDB Trucking, LLC for spoliation of evidence, holding that the record did not support the imposition of case-terminating s...

JPMorgan Chase Bank, National Ass'n v. SFR Investments Pool 1, LLC  
Date: October 29, 2020
Citation: 136 Nev. Adv. Op. No. 68
Docket Number: 77010

Justia Opinion Summary: The Supreme Court reversed the district court's order granting summary judgment in favor of Defendant in this foreclosure action, holding that the loan servicer timely commenced the action after the foreclosure sale and...

Byrne v. Sunridge Builders, Inc.  
Date: October 29, 2020
Citation: 136 Nev. Adv. Op. No. 69
Docket Number: 77668

Justia Opinion Summary: In this construction defect lawsuit, the Supreme Court affirmed the order of the district court granting summary judgment in favor of Respondents and reversed the grant of attorney fees to respondent Land West Builders,...

Wynn v. Associated Press  
Date: October 29, 2020
Citation: 136 Nev. Adv. Op. No. 70
Docket Number: 77708

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing Appellant's defamation claim against The Associated Press and one of its reporters (collectively, Respondents), holding that a news article reporti...

Moore v. State  
Date: October 29, 2020
Citation: 136 Nev. Adv. Op. No. 71
Docket Number: 79817

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of two counts of lewdness with a child under the age of sixteen, holding that a mistaken belief as to the victim's age is not a defense to the crime of lewdness with a ch...

APCO Construction, Inc. v. Zitting Brothers Construction, Inc.  
Date: October 8, 2020
Citation: 136 Nev. Adv. Op. No. 64
Docket Number: 75197

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting summary judgment and awarding attorney fees and costs in favor of Zitting Brothers Construction, a subcontractor on a development project, on its bre...

Clark County v. Bean  
Date: October 8, 2020
Citation: 136 Nev. Adv. Op. No. 65
Docket Number: 78443

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Clark County's petition for judicial review of the decision of an appeals officer reversing Clark County's denial of a retiree's claim for ongoing par...

Young v. Nevada Gaming Control Board  
Date: October 8, 2020
Citation: 136 Nev. Adv. Op. No. 66
Docket Number: 78916

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Appellant's petition for judicial review of the order of the Nevada Gaming Control Board affirming the decision of a Board agent that a casino's refusal...

Washoe County District Attorney's Office v. Second Judicial District Court  
Date: October 8, 2020
Citation: 136 Nev. Adv. Op. No. 67
Docket Numbers: 79792, 80008, 80009

Justia Opinion Summary: The Supreme Court granted these consolidated writ petitions filed by the Washoe County District Attorney's Office challenging the Second Judicial District Court's authority to compel it to participate in a record-sealing...

Cotter v. Kane  
Date: October 1, 2020
Citation: 136 Nev. Adv. Op. No. 63
Docket Numbers: 76981, 77648, 77733

Justia Opinion Summary: In this derivative action, the Supreme Court held that a corporation, as a nominal defendant, is precluded from challenging the merits of a derivative action but may challenge a shareholder plaintiff's standing in such a...

Harvey v. State  
Date: October 1, 2020
Citation: 136 Nev. Adv. Op. No. 61
Docket Numbers: 75911, 72829

Justia Opinion Summary: The Supreme Court reversed the order of Judge Douglas Smith denying Defendant's post-trial motions for a new trial and to reconstruct the record after discovering a jury note that the trial judge, Senior Judge James Bixl...

Turner v. State  
Date: October 1, 2020
Citation: 136 Nev. Adv. Op. No. 62
Docket Number: 76465

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction, holding that Defendant waived his challenge under Bruton v. United States, 391 U.S. 123 (1968), and that any other errors were harmless and did not amount to cumulative...

Gonzales v. State  
Date: October 1, 2020
Citation: 136 Nev. Adv. Op. No. 60
Docket Number: 78152

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Appellant's petition for a writ of habeas corpus, holding that the plain language of Nev. Rev. Stat. 34.810(1)(a) excludes claims of ineffective assis...

Mineral County v. Lyon County  
Date: September 17, 2020
Citation: 136 Nev. Adv. Op. No. 58
Docket Number: 75917

Justia Opinion Summary: The Supreme Court answered in the negative a question certified to it by the Ninth Circuit Court of Appeals, holding that the public trust doctrine does not permit the reallocation of rights already adjudicated and settl...

JESSEPH VS. DIGITAL ALLY, INC.
Date: September 17, 2020
Citation: 136 Nev. Adv. Op. No. 59
Docket Number: 78480
In re Guardianship of B.A.A.R.  
Date: September 3, 2020
Citation: 136 Nev. Adv. Op. No. 57
Docket Number: 78626

Justia Opinion Summary: The Supreme Court reversed the district court's denial of Appellant's petition for guardianship of her nephew, holding that the district court evaluated under the incorrect standard Appellant's request for predicate fact...

In re Frasier Family Trust  
Date: August 27, 2020
Citation: 136 Nev. Adv. Op. No. 56
Docket Number: 77981

Justia Opinion Summary: The Supreme Court reversed the judgments of the district court confirming Third Fourth, and Fifth Amendments to a Survivor's Trust and denying a challenge to the settlor's capacity, holding that the district court failed...

J.E. Johnson & Associates v. Lindberg  
Date: August 20, 2020
Citation: 136 Nev. Adv. Op. No. 55
Docket Number: 78086

Justia Opinion Summary: The Supreme Court affirmed the district court's amended judgment in favor of the buyers of residential real property and against the sellers and the real estate agents of both the buyers and the sellers and offsetting th...

Willard v. Berry-Hinckley Industries  
Date: August 6, 2020
Citation: 136 Nev. Adv. Op. No. 53
Docket Number: 77780

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Appellants' Nev. R. Civ. P. 60(b)(1) motion, holding that the district court abused its discretion by failing to address the factors announced in Yochum...

Lopez v. Serbellon Portillo  
Date: August 6, 2020
Citation: 136 Nev. Adv. Op. No. 54
Docket Number: 79549

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court refusing to find that a minor child's reunification with Father was not viable for purposes of Special Immigrant Juvenile (SIJ) f...

Yount v. Criswell Radovan, LLC  
Date: July 30, 2020
Citation: 136 Nev. Adv. Op. No. 47
Docket Number: 74275

Justia Opinion Summary: In this case arising from a failed attempt to restore and reopen the historic Cal Neva Lodge, the Supreme Court affirmed the district court's decision to deny relief on the claims brought by Plaintiff, an investor, again...

Schueler v. Ad Art, Inc.  
Date: July 30, 2020
Citation: 136 Nev. Adv. Op. No. 52
Docket Number: 75688

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court concluding that a large MGM Grand sign located on top of a 150-foot tall steel pylon was not a product within the contemplation of the doctrine of strict prod...

State v. Nye  
Date: July 30, 2020
Citation: 136 Nev. Adv. Op. No. 48
Docket Number: 78230

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting Defendant's motion to suppress drugs and drug paraphernalia police discovered while searching her backpack, holding that the district court properly det...

Clark County v. Eliason  
Date: July 30, 2020
Citation: 136 Nev. Adv. Op. No. 49
Docket Number: 78434

Justia Opinion Summary: The Supreme Court held that Nev. Rev. Stat. 258.007 does not give the Clark County Board of Commissioners (Board) power to remove a constable from office or necessitate quo warranto proceedings because the statute works...

Taylor v. Colon  
Date: July 30, 2020
Citation: 136 Nev. Adv. Op. No. 50
Docket Number: 78517

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Appellants' anti-SLAPP motion to dismiss, holding that Nevada's anti-SLAPP statutes do not violate the constitutional right to a jury trial and that the...

Cannon Cochran Management Services, Inc. v. Figueroa  
Date: July 30, 2020
Citation: 136 Nev. Adv. Op. No. 51
Docket Number: 78926

Justia Opinion Summary: In this appeal regarding the scope of the law-enforcement exception to the "going and coming rule" in workers' compensation matters the Supreme Court affirmed the order of the district court reversing the decision of the...

Lofthouse v. State  
Date: July 16, 2020
Citation: 136 Nev. Adv. Op. No. 44
Docket Number: 70587

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part Defendant's conviction of ten counts of sexual conduct between a teacher and student and two counts of first-degree kidnapping, holding sexual conduct between schoo...

Figueroa-Beltran v. United States  
Date: July 16, 2020
Citation: 136 Nev. Adv. Op. No. 45
Docket Number: 76038

Justia Opinion Summary: The Supreme Court accepted questions certified by the United States Court of Appeals for the Ninth Circuit and answered that the identity of a substance is an element of the crime articulated in Nev. Rev. Stat. 453.337 s...

In re Honorable Rena G. Hughes  
Date: July 16, 2020
Citation: 136 Nev. Adv. Op. No. 46
Docket Number: 76117

Justia Opinion Summary: The Supreme Court reversed the order of the Nevada Commission on Judicial Discipline that imposed a public reprimand on a family court judge, holding that the the Commission misapplied the statutes governing judicial dis...

Pundyk v. State  
Date: July 16, 2020
Citation: 136 Nev. Adv. Op. No. 43
Docket Number: 77587

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of guilty but mentally ill on charges of murder with the use of a deadly weapon and discharging a firearm at or into an occupied structure, holding that the district cour...

Nelson v. Nelson  
Date: July 9, 2020
Citation: 136 Nev. Adv. Op. No. 36
Docket Number: 77473

Justia Opinion Summary: The Supreme Court held that it does not have jurisdiction to review a district court order denying a request for a joint preliminary injunction pursuant to EDCR 5.517 in a family law matter because no court rule or statu...

State, Department of Corrections v. DeRosa  
Date: July 9, 2020
Citation: 136 Nev. Adv. Op. No. 37
Docket Number: 77704

Justia Opinion Summary: The Supreme Court held that service of a petition for judicial review of an agency's decision does not require personal service under Nev. R. Civ. P. 4.2(a) because a petition for judicial review is best construed as a p...

Spencer v. Klementi  
Date: July 9, 2020
Citation: 136 Nev. Adv. Op. No. 35
Docket Numbers: 77711, 77086

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the orders of the district court granting summary judgment to Respondents on Appellant's defamation claims and malicious-prosecution claim, holding that the distric...

Matthews v. State  
Date: July 9, 2020
Citation: 136 Nev. Adv. Op. No. 38
Docket Number: 77751

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction, holding that, based on the record, it was more likely than not that the State used a peremptory challenge for impermissible reasons in violation of Batson v. Kentucky, 4...

Estate of Mary Curtis v. Las Vegas Medical Investors, LLC  
Date: July 9, 2020
Citation: 136 Nev. Adv. Op. No. 39
Docket Number: 77810

Justia Opinion Summary: The Supreme Court held that the "common knowledge" exception to the affidavit requirement for professional negligence claims against a provider of health care can also be applied to determine whether a claim that appears...

Kuptz-Blinkinsop v. Blinkinsop  
Date: July 9, 2020
Citation: 136 Nev. Adv. Op. No. 40
Docket Number: 78284

Justia Opinion Summary: In this real property dispute, the Supreme Court clarified that its holding in Davidson v. Davidson, 382 P.3d 880 (Nev. 2016), does not apply to claims for enforcement of real property distribution in divorce decrees. T...

Anthony S. Noonan IRA, LLC v. U.S. Bank National Ass'n  
Date: July 9, 2020
Citation: 136 Nev. Adv. Op. No. 41
Docket Number: 78624

Justia Opinion Summary: The Supreme Court held that the entire amount of a homeowners' association's (HOA) yearly assessment can be included in the superpriority piece of an HOA's lien under Nev. Rev. Stat. 116.3116 so long as the assessment be...

State, Department of Taxation v. District Court  
Date: July 9, 2020
Citation: 136 Nev. Adv. Op. No. 42
Docket Number: 80637

Justia Opinion Summary: The Supreme Court held that a government entity does not have "possession, custody, or control" over the content on the personal cell phones of former workers hired through a temporary employment agency so as to be requi...

State ex rel. Cannizzaro v. First Judicial District Court  
Date: June 26, 2020
Citation: 136 Nev. Adv. Op. No. 34
Docket Number: 80313

Justia Opinion Summary: The Supreme Court granted a petition for a writ of mandamus directing the district court to vacate its order disqualifying the Legislative Counsel Bureau Legal Division (LCB Legal) on conflict of interest grounds, holdin...

Droge v. AAAA Two Star Towing, Inc.  
Date: June 18, 2020
Citation: 136 Nev. Adv. Op. No. 33
Docket Number: 75206

Justia Opinion Summary: In this case stemming from the self-help repossession of a vehicle, the Supreme Court considered what constitutes a breach of the peace such that the privilege to enter real property without judicial process and retake c...

Honea v. State  
Date: June 18, 2020
Citation: 136 Nev. Adv. Op. No. 32
Docket Number: 76621

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction for sexual assault of a minor under sixteen years of age, holding that the district court erred in instructing the jury, and the jury instruction errors were not harmless...

Belcher v. State  
Date: June 4, 2020
Citation: 136 Nev. Adv. Op. No. 31
Docket Number: 72325

Justia Opinion Summary: The Supreme Court reversed one of Defendant's convictions for robbery but affirmed the judgment of conviction in all other respects after adopting factors to guide the Court in deciding whether to consider an error's har...

Rock Springs Mesquite II Owners' Ass'n v. Raridan  
Date: May 28, 2020
Citation: 136 Nev. Adv. Op. No. 28
Docket Number: 77085

Justia Opinion Summary: In this property dispute, the Supreme Court reversed the order of the district court granting Respondents' motion to dismiss on the basis of claim preclusion, holding that Appellant's action in Case 2 could not have been...

Canarelli v. Eighth Judicial District Court  
Date: May 28, 2020
Citation: 136 Nev. Adv. Op. No. 29
Docket Number: 78883

Justia Opinion Summary: The Supreme Court granted a writ of prohibition sought by Petitioners challenging a district court order compelling the production of allegedly privileged documents in a trust dispute with a beneficiary, holding that the...

SHOEN VS. STATE BAR OF NEVADA
Date: May 28, 2020
Citation: 136 Nev. Adv. Op. No. 30
Docket Number: 79288
Garcia v. Awerbach  
Date: May 21, 2020
Citation: 136 Nev. Adv. Op. No. 27
Docket Number: 71348

Justia Opinion Summary: The Supreme Court reversed the district court's order sua sponte modifying a discovery sanction in this negligence case, holding that the district court committed legal error by modifying the sanction and that the timing...

City of Henderson v. Spangler  
Date: May 14, 2020
Citation: 136 Nev. Adv. Op. No. 25
Docket Number: 76295

Justia Opinion Summary: In this workers' compensation appeal, the Supreme Court affirmed the order of the district court reversing the decision of the appeals officer denying benefits to Respondent, holding that the plain language of Nev. Rev....

Venetian Casino Resort, LLC v. Eighth Judicial District Court  
Date: May 14, 2020
Citation: 136 Nev. Adv. Op. No. 26
Docket Number: 79689

Justia Opinion Summary: In this discovery dispute, the Supreme Court granted Petitioner's petition for writ relief challenging the district court's denial of his motion for a protective order, holding that the district court and its judge (coll...

Newson v. State  
Date: April 30, 2020
Citation: 136 Nev. Adv. Op. No. 22
Docket Number: 75932

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction for murder in the first degree but affirmed his remaining convictions, holding that the district court abused its discretion by declining to instruct the jury on voluntar...

Nalder v. Eighth Judicial District Court  
Date: April 30, 2020
Citation: 136 Nev. Adv. Op. No. 24
Docket Numbers: 78085, 78243

Justia Opinion Summary: The Supreme Court granted Petitioners' petitions for extraordinary relief in part and denied the petitions in part, holding that intervention after final judgment is impermissible under Nev. Rev. Stat. 12.130 and that an...

State v. District Court  
Date: April 30, 2020
Citation: 136 Nev. Adv. Op. No. 23
Docket Number: 79452

Justia Opinion Summary: The Supreme Court denied the State's petition challenging the district court's order denying the State's proposed jury instruction regarding the level of mens rea the State must prove to convict David Radonski of arson,...

Valdez-Jimenez v. Eighth Judicial District Court  
Date: April 9, 2020
Citation: 136 Nev. Adv. Op. No. 20
Docket Numbers: 76417, 76845

Justia Opinion Summary: The Supreme Court denied Defendants' petitions for writ of mandamus challenging the district court's bail process and decisions, holding that, to safeguard against pretrial detainees sitting in jail simply because they c...

Raggio v. Second Judicial District Court  
Date: April 9, 2020
Citation: 136 Nev. Adv. Op. No. 21
Docket Number: 76582

Justia Opinion Summary: In this dispute between a trust's trustee and beneficiary the Supreme Court granted the trustee's original writ petition seeking a writ of prohibition or, alternatively, mandamus on the grounds that a discovery order was...

Reynolds v. Tufenkjian  
Date: April 9, 2020
Citation: 136 Nev. Adv. Op. No. 19
Docket Number: 78187

Justia Opinion Summary: In this case involving the extent to which a judgment debtor's rights of action are subject to execution to satisfy a judgment the Supreme Court held that a judgment debtor's claims that are unassignable cannot be purcha...

145 East Harmon II Trust v. Residences at MGM Grand  
Date: April 2, 2020
Citation: 136 Nev. Adv. Op. No. 14
Docket Number: 75920

Justia Opinion Summary: The Supreme Court held that a voluntary dismissal with prejudice generally conveys "prevailing party" status upon the defendant for purposes of an award of attorney fees and costs under Nev. Rev. Stat. 18.010(2) and Nev....

In re Colman Family Revocable Living Trust  
Date: April 2, 2020
Citation: 136 Nev. Adv. Op. No. 13
Docket Number: 76950

Justia Opinion Summary: The Supreme Court affirmed the order of the district court concluding that a secondary beneficiary was entitled to property in a trust created by Paul and decedent Chari Colman, Paul's ex-wife, holding that the plain lan...

Cummings v. Barber  
Date: April 2, 2020
Citation: 136 Nev. Adv. Op. No. 18
Docket Number: 76972

Justia Opinion Summary: In this medical malpractice case, the Supreme Court held that although Nev. Rev. Stat. 41A.100(1) generally applies only to objects left in a patient's body during the at-issue surgery, it can also apply in cases where,...

Jaramillo v. Ramos  
Date: April 2, 2020
Citation: 136 Nev. Adv. Op. No. 17
Docket Number: 77385

Justia Opinion Summary: The Supreme Court held that a plaintiff relying on Nev. Rev. Stat. 41A.100's rebuttable presumption for a prima facie case of negligence need not provide expert testimony to survive a defendant's summary judgment motion...

Las Vegas Metropolitan Police Department v. Center for Investigative Reporting, Inc.  
Date: April 2, 2020
Citation: 136 Nev. Adv. Op. No. 15
Docket Number: 77617

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court concluding that Respondent was entitled to reasonable attorney fees and costs under Nev. Rev. Stat. 239.011(2), holding that the requesting party prevails for...

Jones v. U.S. Bank National Ass'n  
Date: April 2, 2020
Citation: 136 Nev. Adv. Op. No. 16
Docket Number: 78054

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting summary judgment in favor of U.S. Bank seeking to foreclose on a defaulted loan, holding that because U.S. Bank presented evidence to meet its burden...

Berberich v. Bank of America, N.A.  
Date: March 26, 2020
Citation: 136 Nev. Adv. Op. No. 10
Docket Number: 76457

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing Appellant's quiet title action under Nev. R. Civ. P. 12(b)(5), holding that the limitations period in Nev. Rev. Stat. 11.080 does not run against a...

State, Department of Employment, Training & Rehabilitation v. Sierra National Corp.  
Date: March 26, 2020
Citation: 136 Nev. Adv. Op. No. 11
Docket Number: 76639

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting the Love Ranch's petition for a writ of mandamus and compelling the Department of Employment, Training & Rehabilitation (DETR) to comply with the Love R...

Guzman v. Second Judicial District Court  
Date: March 26, 2020
Citation: 136 Nev. Adv. Op. No. 12
Docket Number: 79079

Justia Opinion Summary: The Supreme Court granted in part Petitioner's writ petition requesting that the Supreme Court order the district court to grant his motion to dismiss four counts for which he was indicted based on the grand jury's lack...

Abrams v. Sanson  
Date: March 5, 2020
Citation: 136 Nev. Adv. Op. No. 9
Docket Numbers: 73838, 75834

Justia Opinion Summary: In this defamation action, the Supreme Court affirmed in part and reversed in part the district court's orders granting the anti-SLAPP special motions to dismiss filed by Steve Sanson and Louis Schneider, holding that Sa...

9352 Cranesbill Trust v. Wells Fargo Bank, N.A.  
Date: March 5, 2020
Citation: 136 Nev. Adv. Op. No. 8
Docket Number: 76017

Justia Opinion Summary: In this homeowners' association (HOA) lien foreclosure dispute between the holder of the first deed of trust on the property and the assignee of the buyer at the lien foreclosure sale the Supreme Court held that while a...

Stark v. Lackey  
Date: February 27, 2020
Citation: 136 Nev. Adv. Op. No. 4
Docket Number: 74449

Justia Opinion Summary: In this defamation action, the Supreme Court reversed the order of the district court denying Defendant's anti-SLAPP motion to dismiss, holding that the district court erred in finding that Defendant failed to satisfy pr...

Clark County Office of the Coroner v. Las Vegas Review-Journal  
Date: February 27, 2020
Citation: 136 Nev. Adv. Op. No. 5
Docket Number: 74604

Justia Opinion Summary: The Supreme Court vacated the district court's award of attorney fees and costs to the Las Vegas Review-Journal (LVRJ), which had petitioned the district court to compel production of unreacted juvenile autopsy reports u...

7510 Perla Del Mar Ave Trust v. Bank of America  
Date: February 27, 2020
Citation: 136 Nev. Adv. Op. No. 6
Docket Number: 75603

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that a deed of trust beneficiary's agent was excused from making a formal tender, such that under Bank of America, N.A. v. SFR Investments Pool 1, LLC...

Chur v. Eighth Judicial District Court  
Date: February 27, 2020
Citation: 136 Nev. Adv. Op. No. 7
Docket Number: 78301

Justia Opinion Summary: The Supreme Court granted the petition for writ of mandamus sought by Petitioners, holding that Petitioners were entitled to judgment as a matter of law on the complaint filed by the State Commissioner of Insurance becau...

Republican Attorneys General Ass'n v. Las Vegas Metropolitan Police Department  
Date: February 20, 2020
Citation: 136 Nev. Adv. Op. No. 3
Docket Number: 77511

Justia Opinion Summary: The Supreme Court reversed in part the district court's order denying a petition for a writ of mandamus seeking body cam footage and other related records regarding juveniles and then-State Senator Aaron Ford's interacti...

Flowers v. State  
Date: January 30, 2020
Citation: 136 Nev. Adv. Op. No. 1
Docket Number: 53159

Justia Opinion Summary: The Supreme Court affirmed the district court's judgment of conviction and amended judgment of conviction convicting Defendant of first-degree murder and other crimes and denying Defendant's motion for a new trial, holdi...

Paulos v. FCH1, LLC  
Date: January 30, 2020
Citation: 136 Nev. Adv. Op. No. 2
Docket Number: 74912

Justia Opinion Summary: In this appeal considering the preclusive effect of a qualified immunity decision where the federal district court's judgment addressed both prongs of the qualified immunity inquiry but the federal court of appeals addre...

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