Supreme Court of Nevada Decisions 2021

Chappell v. State  
Date: December 30, 2021
Citation: 137 Nev. Adv. Op. No. 83
Docket Number: 77002

Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing Appellant's third postconviction petition for a writ of habeas corpus, holding that the district court did not err in dismissing the…

A Cab, LLC v. Murray  
Date: December 30, 2021
Citation: 137 Nev. Adv. Op. No. 84
Docket Number: 77050

Justia Opinion Summary: The Supreme Court reversed the district court's summary judgment as to damages for claims outside the two-year statute of limitations, holding that the court erred by tolling the statute of limitations far beyond two…

Lakes v. U.S. Bank Trust  
Date: December 30, 2021
Citation: 137 Nev. Adv. Op. No. 85
Docket Number: 79324

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court quieting title in favor of Respondent, the first deed-of-trust beneficiary in this case, holding that the district court properly quieted title in…

Lyft, Inc. v. District Court  
Date: December 30, 2021
Citation: 137 Nev. Adv. Op. No. 86
Docket Number: 82148

Justia Opinion Summary: The Supreme Court granted Petitioner's application seeking a writ of mandamus precluding the district court from requiring adherence to an unconstitutional statute, holding that Nev. Rev. Stat. 52.380 violates the…

Miles v. State  
Date: December 23, 2021
Citation: 137 Nev. Adv. Op. No. 78
Docket Number: 79554

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of sex trafficking of a child under eighteen years of age, first-degree kidnapping, living from the earnings of a prostitute, and child abuse, neglect, or endangerment,…

City of Henderson v. Wolfgram  
Date: December 23, 2021
Citation: 137 Nev. Adv. Op. No. 79
Docket Number: 80982

Justia Opinion Summary: The Supreme Court affirmed the order of the district court and appeals officer that Employee was incapacitated from earning "full wages" and therefore denying Employer and its insurer's petition for judicial review,…

Oella Ridge Trust v. Silver State Schools Credit Union  
Date: December 23, 2021
Citation: 137 Nev. Adv. Op. No. 80
Docket Number: 81584

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting summary judgment and dismissing Appellant's complaint for declaratory relief challenging attorney fees imposed under a deed of trust, holding that…

Las Vegas Review-Journal v. City of Henderson  
Date: December 23, 2021
Citation: 137 Nev. Adv. Op. No. 81
Docket Number: 81758

Justia Opinion Summary: The Supreme Court reversed the order of the district court applying the catalyst theory in denying Plaintiff's request for attorney fees in this public records dispute, holding that the district court misconstrued one of…

Platte River Insurance Co. v. Jackson  
Date: December 23, 2021
Citation: 137 Nev. Adv. Op. No. 82
Docket Number: 81974

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court determining that a judgment debtor may claim the so-called "wildcard exemption" from execution under Nev. Rev. Stat. 21.090(1)(z) to protect up to $10,000 of…

Ramos v. State  
Date: December 9, 2021
Citation: 137 Nev. Adv. Op. No. 74
Docket Number: 79781

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for the sexual assault of a woman who was killed twelve years before Defendant was charged, holding that there was no statutory time limit in which the State was required…

Montanez v. Sparks Family Hospital, Inc.  
Date: December 9, 2021
Citation: 137 Nev. Adv. Op. No. 77
Docket Number: 81312

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing this action for professional negligence, holding that Plaintiff's failure to include an affidavit from a medical expert in her complaint rendered…

PetSmart, Inc. v. District Court  
Date: December 9, 2021
Citation: 137 Nev. Adv. Op. No. 75
Docket Number: 82454

Justia Opinion Summary: The Supreme Court held that a pet store may not be held liable under tort law where a dog adopted at the store through an adoption event conducted by an independent charitable organization later attacks and injures an…

Aerogrow International, Inc. v. District Court  
Date: December 9, 2021
Citation: 137 Nev. Adv. Op. No. 76
Docket Number: 82895

Justia Opinion Summary: The Supreme Court issued a writ of mandamus directing the district court to vacate its order waiving the obligation of the real party in interest stockholders (RPIs) to provide consents from their stockholders of record…

Spirtos v. Yemenidjian  
Date: December 2, 2021
Citation: 137 Nev. Adv. Op. No. 73
Docket Number: 80922

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Defendant's anti-SLAPP motion to dismiss Plaintiff's complaint alleging slander and conspiracy, holding that Defendant failed to establish by a…

Parsons v. Colt's Manufacturing Co.  
Date: December 2, 2021
Citation: 137 Nev. Adv. Op. No. 72
Docket Number: 81034

Justia Opinion Summary: In this case brought by the parents of a victim of the Route 91 Harvest Festival massacre against the manufacturers and distributors of the AR-15 rifles the gunman used the Supreme Court held that Nev. Rev. Stat. 41.131…

Debiparshad v. District Court  
Date: December 2, 2021
Citation: 137 Nev. Adv. Op. No. 71
Docket Number: 81596

Justia Opinion Summary: In this original writ petition the Supreme Court held that once a party files a motion to disqualify a judge pursuant to the Nevada Code of Judicial Conduct (NCJC), that judge can take no further action in the case until…

Wilson v. Las Vegas Metropolitan Police Dep't  
Date: November 18, 2021
Citation: 137 Nev. Adv. Op. No. 70
Docket Number: 81940

Justia Opinion Summary: The Supreme Court affirmed the order of the district court determining that a proceeding before a citizen review board does not warrant tolling the statute of limitation under this Court's holding in State, Department of…

Capriati Construction Corp. v. Yahyavi  
Date: November 10, 2021
Citation: 137 Nev. Adv. Op. No. 69
Docket Numbers: 80107, 80821

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court returning a $5.9 million verdict in favor of Plaintiff on his negligence action, holding that there was no error in the proceedings below. An employee of…

Panorama Towers Condominium Unit Owners' Ass'n v. Hallier  
Date: November 10, 2021
Citation: 137 Nev. Adv. Op. No. 67
Docket Number: 80615

Justia Opinion Summary: The Supreme Court vacated the district court's order granting summary judgment in this construction defect action brought by Appellant against Respondents, holding that the district court erred in denying Appellant's…

Chaparro v. State  
Date: November 10, 2021
Citation: 137 Nev. Adv. Op. No. 68
Docket Number: 81352

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of sexual assault, battery with the intent to commit sexual assault upon a victim age sixteen or older, and open or gross lewdness,…

Harrison v. Ramparts, Inc.  
Date: October 28, 2021
Citation: 137 Nev. Adv. Op. No. 65
Docket Number: 80167

Justia Opinion Summary: The Supreme Court reversed the district court's award of attorney fees and costs to Respondent against Appellant pursuant to Nev. R. Civ. P. 68 after Appellant rejected an offer of judgment and was unsuccessful at trial,…

Zurich American Insurance Co. v. Ironshore Specialty Insurance Co.  
Date: October 28, 2021
Citation: 137 Nev. Adv. Op. No. 66
Docket Number: 81428

Justia Opinion Summary: The Supreme Court answered certified questions brought to it by the Ninth Circuit Court of Appeals as to whether, in Nevada, the insured or the insurer has the burden of proving that an exception to an exclusion of…

Senjab v. Alhulaibi  
Date: October 21, 2021
Citation: 137 Nev. Adv. Op. No. 64
Docket Number: 81515

Justia Opinion Summary: The Supreme Court held that divorce jurisdiction requires mere residence - not domicile - and that the district court had subject matter jurisdiction in this case under Nev. Rev. Stat. 125.020. Appellant and Respondent…

Aparicio v. State  
Date: October 7, 2021
Citation: 137 Nev. Adv. Op. No. 62
Docket Number: 80072

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction, pursuant to a guilty plea, of two counts of driving under the influence resulting in death and one count of felony reckless driving but vacated his sentence, holding…

Morency v. State, Department of Education  
Date: October 7, 2021
Citation: 137 Nev. Adv. Op. No. 63
Docket Number: 81281

Justia Opinion Summary: The Supreme Court affirmed the order of the district court finding that Assembly Bill (A.B.) 458, which did not met the supermajority voting requirement but was nevertheless passed during the eightieth session of the…

Byrd v. Byrd  
Date: September 30, 2021
Citation: 137 Nev. Adv. Op. No. 60
Docket Number: 80548

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court granting a motion to modify a divorce decree under Nev. R. Civ. P. 60(b)(6), holding that Rule 60(b)(6) relief was inappropriate in this case. Rule 60(b)(6)…

Guzman v. District Court  
Date: September 30, 2021
Citation: 137 Nev. Adv. Op. No. 61
Docket Number: 81842

Justia Opinion Summary: In this original petition for a writ of mandamus challenging the order of the district court denying Petitioner's motion to dismiss counts of an indictment, the Supreme Court held that the district court manifestly…

State, Department of Business & Industry v. TitleMax of Nevada, Inc.  
Date: September 23, 2021
Citation: 137 Nev. Adv. Op. No. 55
Docket Number: 79224

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court granting summary judgment in favor of TitleMax of Nevada, Inc. and declaring that TitleMax's practice of "refinancing" did not…

Salloum v. Boyd Gaming Corp.  
Date: September 23, 2021
Citation: 137 Nev. Adv. Op. No. 56
Docket Number: 80769

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Appellant's complaint alleging discrimination based on age and sex, holding that Appellant's complaint was untimely filed. Following Respondent's…

Burns v. State  
Date: September 23, 2021
Citation: 137 Nev. Adv. Op. No. 50
Docket Number: 80834

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first-degree murder and related charges, holding that there was no reversible error in jury selection or closing arguments. During his trial, Defendant stipulated to…

Eggleston v. Stuart  
Date: September 23, 2021
Citation: 137 Nev. Adv. Op. No. 51
Docket Number: 80838

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court dismissing Appellant's 42 U.S.C. 1983 civil rights claims and state law tort claims, holding that the district court erred by…

Saticoy Bay, LLC v. Peccole Ranch Community Ass'n  
Date: September 23, 2021
Citation: 137 Nev. Adv. Op. No. 52
Docket Number: 81446

Justia Opinion Summary: The Supreme Court reversed the order of the district court dismissing Appellant's complaint under Nev. Rev. Stat. 38.310, holding that the district court erred. Appellant purchased property at a homeowners' association…

Dekker/Perich/Sabatini Ltd. v. Eighth Judicial District Court  
Date: September 23, 2021
Citation: 137 Nev. Adv. Op. No. 53
Docket Number: 81459

Justia Opinion Summary: The Supreme Court denied Petitioners' petition for writ relief asserting that the district court properly dismissed the claims against them as precluded by the former six-year statute of repose, holding that the district…

Jim v. State  
Date: September 23, 2021
Citation: 137 Nev. Adv. Op. No. 57
Docket Number: 81545

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Defendant's motion to suppress evidence recovered during a warrantless inventory search of his vehicle, holding that the plain-view exception to the…

Sunseri v. State  
Date: September 23, 2021
Citation: 137 Nev. Adv. Op. No. 58
Docket Number: 81551

Justia Opinion Summary: The Supreme Court vacated the judgment of the district court denying Defendant's motion to withdraw his guilty plea, denying Defendant's subsequent motion to dismiss the charges against him, and entering a judgment of…

IN RE: DISCIPLINE OF CHRISTOPHER R. ARABIA
Date: September 23, 2021
Citation: 137 Nev. Adv. Op. No. 59
Docket Number: 82173
NuVeda, LLC v. Eighth Judicial District Court  
Date: September 23, 2021
Citation: 137 Nev. Adv. Op. No. 54
Docket Number: 82649

Justia Opinion Summary: The Supreme Court denied the petition filed by NuVeda, LLC for a writ of prohibition and/or mandamus asking the Supreme Court to disqualify Judge Elizabeth Gonzalez from presiding over a contempt hearing and to order the…

Superpumper, Inc. v. Leonard  
Date: September 16, 2021
Citation: 137 Nev. Adv. Op. No. 43
Docket Number: 79355

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court exercising jurisdiction over the underlying fraudulent conveyance action and avoiding all of Paul Morabito's transfers to Superpumper, Inc., Sam Morabito,…

Williams v. Lazer  
Date: September 16, 2021
Citation: 137 Nev. Adv. Op. No. 44
Docket Number: 80350

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court denying Defendant's anti-SLAPP special motion to dismiss this defamation action, holding that Defendant's statements met the requirements for anti-SLAPP…

News+Media Capital Group LLC v. Las Vegas Sun, Inc.  
Date: September 16, 2021
Citation: 137 Nev. Adv. Op. No. 45
Docket Number: 80511

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court confirming an arbitration award in a commercial contract matter, holding that there was no error. The parties in this case were two newspapers with a lengthy…

Clark v. Service Employees International Union  
Date: September 16, 2021
Citation: 137 Nev. Adv. Op. No. 46
Docket Numbers: 80520, 81166

Justia Opinion Summary: The Supreme Court held that because Nevada's wrongful termination claims do not significantly conflict with any concrete federal interest expressed by the Labor Management Reporting and Disclosure Act (LMRDA), the LMRDA…

White-Hughley v. State  
Date: September 16, 2021
Citation: 137 Nev. Adv. Op. No. 47
Docket Number: 80549

Justia Opinion Summary: The Supreme Court vacated Appellant's judgment of conviction, holding that Appellant was entitled to have seventy days' credit for time served applied to his sentence in his second case. Appellant pleaded guilty in two…

Howard v. State  
Date: September 16, 2021
Citation: 137 Nev. Adv. Op. No. 48
Docket Numbers: 81278, 81279

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Appellant's postconviction petition for a writ of habeas corpus, holding that Appellant overcame the procedural bars that applied to his postconviction…

Echeverria v. State  
Date: September 16, 2021
Citation: 137 Nev. Adv. Op. No. 49
Docket Number: 82030

Justia Opinion Summary: The Supreme Court accepted a question certified to it by the United States District Court for the District of Nevada asking to decide whether Nev. Rev. Stat. 41.031(1) constitutes a waiver of Nevada's sovereign immunity…

Motor Coach Industries, Inc. v. Khiabani  
Date: August 19, 2021
Citation: 137 Nev. Adv. Op. No. 42
Docket Number: 78701

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court denying Appellant's motion for judgment as a matter of law, for a new trial, to alter or amend the judgment to offset the…

Kushnir v. District Court  
Date: August 5, 2021
Citation: 137 Nev. Adv. Op. No. 41
Docket Number: 81779

Justia Opinion Summary: The Supreme Court granted a petition for a writ of mandamus in this medical malpractice action, holding that the relevant one-year statute of limitations expired and that Defendants were entitled to summary…

Gonzales v. State  
Date: July 29, 2021
Citation: 137 Nev. Adv. Op. No. 40
Docket Number: 78152

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Appellant's postconviction petition for a writ of habeas corpus, holding that Nev. Rev. Stat. 34.810(1)(a) does not bar a claim that a petition received…

Whitfield v. Nevada State Personnel Commission  
Date: July 29, 2021
Citation: 137 Nev. Adv. Op. No. 34
Docket Number: 79718

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court dismissing Appellant's petition for judicial review challenging his dismissal from employment as a correctional officer and denying his amended petition for…

Somersett Owners Ass'n v. Somersett Development Co.  
Date: July 29, 2021
Citation: 137 Nev. Adv. Op. No. 35
Docket Number: 79921

Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting Defendants' motion for summary judgment and dismissing this action brought by Somersett Owners Association (SOA) seeking to recover damages against…

Myers v. Reno Cab Co.  
Date: July 29, 2021
Citation: 137 Nev. Adv. Op. No. 36
Docket Numbers: 80448, 80449

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court holding that the Nevada Transportation Authority's (NTA) approval of Appellants' tax leases under Nev. Rev. Stat. 706.473 foreclosed further inquiry into…

Korte Construction Co. v. State, Board of Regents  
Date: July 29, 2021
Citation: 137 Nev. Adv. Op. No. 37
Docket Number: 80736

Justia Opinion Summary: In this opinion, the Supreme Court clarified that the existence of a bond pursuant to Nev. Rev. Stat. 108.2415 precluded a contractor's ability to maintain a claim for unjust enrichment against the property owner because…

James v. State  
Date: July 29, 2021
Citation: 137 Nev. Adv. Op. No. 38
Docket Numbers: 80902, 80907

Justia Opinion Summary: In these consolidated appeals from a district court order denying a postconviction petition requesting a genetic market analysis and a postconviction petition for a writ of habeas corpus, the Supreme Court held that the…

Endo Health Solutions, Inc. v. Second Judicial District Court  
Date: July 29, 2021
Citation: 137 Nev. Adv. Op. No. 39
Docket Number: 81121

Justia Opinion Summary: The Supreme Court granted in part a writ of mandamus filed by Petitioners arguing that Dillon's Rule barred the underlying lawsuit, holding that Nev. Rev. Stat. 268.0035's limitations apply to a city's ability to…

Sciarratta v. Foremost Insurance Co. Grand Rapids Michigan  
Date: July 8, 2021
Citation: 137 Nev. Adv. Op. No. 32
Docket Number: 79604

Justia Opinion Summary: The Supreme Court affirmed the order of the district court finding that an exclusion in a personal umbrella liability insurance policy expressly excluding coverage for damages that are "payable to any insured" was valid…

Bolden v. State  
Date: July 8, 2021
Citation: 137 Nev. Adv. Op. No. 28
Docket Number: 79715

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court granting the State's motion for leave to proceed by information and this case and the judgment of the conviction, holding that a preliminary hearing…

Pope Investments, LLC v. China Yida Holding, Co.  
Date: July 8, 2021
Citation: 137 Nev. Adv. Op. No. 33
Docket Numbers: 79807, 80709

Justia Opinion Summary: In these consolidated appeals concerning whether shareholders had a right to dissent from a corporate merger and seek fair value for their shares the Supreme Court reversed the decision of the district court granting…

Gunera-Pastrana v. State  
Date: July 8, 2021
Citation: 137 Nev. Adv. Op. No. 29
Docket Number: 79861

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of two counts each of sexual assault of a minor under fourteen years of age and lewdness with a child under the age of fourteen, holding that the cumulative effect of…

State v. Seka  
Date: July 8, 2021
Citation: 137 Nev. Adv. Op. No. 30
Docket Number: 80925

Justia Opinion Summary: The Supreme Court reversed the order of the district court granting Defendant's motion for a new trial based on new DNA test results, holding that, consistent with Sunburn v. State, 812 P.2d 1279 (Nev. 1991), new DNA…

Direct Grading & Paving v. Eighth Judicial District Court  
Date: July 8, 2021
Citation: 137 Nev. Adv. Op. No. 31
Docket Number: 81933

Justia Opinion Summary: The Supreme Court granted writ relief in this case concerning whether the district court has authority to intervene in binding arbitration to sanction a party's misconduct, holding that the district court improperly…

In re Guardianship of Rubin  
Date: July 1, 2021
Citation: 137 Nev. Adv. Op. No. 27
Docket Number: 80300

Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying a guardianship petition, holding that the petition did not demonstrate that the proposed protected person was incapacitated. Appellant filed a petition…

City of Henderson v. District Court  
Date: June 24, 2021
Citation: 137 Nev. Adv. Op. No. 26
Docket Number: 81474

Justia Opinion Summary: The Supreme Court granted the petition for a writ of mandamus sought by the City of Henderson seeking to strike a petition for judicial review of an administrative zoning decision, holding that the district court erred…

Anthony v. Miller  
Date: June 10, 2021
Citation: 137 Nev. Adv. Op. No. 25
Docket Number: 82269

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Appellant's action arguing that a new election was required pursuant to Nev. Rev. Stat. 293.465, holding that Appellant's challenge to the November 3,…

In re Parental Rights as to L.L.S.  
Date: May 27, 2021
Citation: 137 Nev. Adv. Op. No. 22
Docket Number: 79124

Justia Opinion Summary: The Supreme Court reversed the judgment of the juvenile court terminating Mother's parental rights in her child, holding that the juvenile court lacked authority to appoint a master to preside over the trial in the…

Pelkola v. Pelkola  
Date: May 27, 2021
Citation: 137 Nev. Adv. Op. No. 24
Docket Number: 80763

Justia Opinion Summary: The Supreme Court held that the provision in Nev. Rev. Stat. 125C.006(1)(b) that a custodial parent who intends to relocate his or her residence to a place outside of the State and desires to take the child but the…

In re Parental Rights as to T.M.R.  
Date: May 27, 2021
Citation: 137 Nev. Adv. Op. No. 23
Docket Number: 81032

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court terminating Appellant's parental rights, holding that the district court's failure to apply Nev. R. Civ. P. 16.2(e)(4)'s mandate regarding disclosure of…

Legislature of State of Nevada v. Honorable James A. Settelmeyer  
Date: May 13, 2021
Citation: 137 Nev. Adv. Op. No. 21
Docket Number: 81924

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court concluding that the supermajority provision of Nev. Const. art. IV, 18(2) applies to two bills passed in 2019 during the 80th session of the Nevada…

Dixon v. State  
Date: May 6, 2021
Citation: 137 Nev. Adv. Op. No. 19
Docket Number: 77535

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction for fourth-degree arson, holding that although the district court clearly erred in rejecting Defendant's Batson objection to the State's use of a peremptory challenge to…

Tiffee v. Eighth Judicial District Court  
Date: May 6, 2021
Citation: 137 Nev. Adv. Op. No. 20
Docket Number: 79871

Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Appellant's petition to seal criminal records, holding that the district court misapplied the relevant statutes. Pursuant to a plea agreement, Appellant…

Detwiler v. District Court  
Date: May 6, 2021
Citation: 137 Nev. Adv. Op. No. 18
Docket Number: 81220

Justia Opinion Summary: In this case examining the proper scope of compensatory fines and attorney fees imposed as sanctions in contempt proceedings the Supreme Court held that a contempt sanction requiring the condemner to pay money to the…

Kassa v. State  
Date: April 29, 2021
Citation: 137 Nev. Adv. Op. No. 16
Docket Number: 76870

Justia Opinion Summary: The Supreme Court affirmed the judgment of conviction, pursuant to a jury verdict, finding Defendant guilty but mentally ill on charges of first-degree murder and first-degree arson, holding that there was sufficient…

Goad v. State  
Date: April 29, 2021
Citation: 137 Nev. Adv. Op. No. 17
Docket Number: 79977

Justia Opinion Summary: The Supreme Court vacated Defendant's judgment of conviction and remanded the case, holding that the district court denied Defendant due process by failing to conduct a competency hearing when reasonable doubt arose…

Anthony S. Noonan IRA, LLC v. U.S. Bank National Ass'n EE  
Date: April 15, 2021
Citation: 137 Nev. Adv. Op. No. 15
Docket Number: 78624

Justia Opinion Summary: In this case concerning the correct interpretation of Nev. Rev. Stat. 116.3116(2), Nevada's "superpriority lien" statute, the Supreme Court affirmed the order of the district court granting summary judgment for…

Nelson v. Eighth Judicial District Court  
Date: April 1, 2021
Citation: 137 Nev. Adv. Op. No. 14
Docket Number: 81564

Justia Opinion Summary: In this writ proceeding, the Supreme Court concluded that EDCR 5.518 required the district court, on remand from an earlier appeal and upon the request of Lynita Nelson, to reinstate a joint preliminary injunction (JPI)…

Hildt v. Eighth Judicial District Court  
Date: March 25, 2021
Citation: 137 Nev. Adv. Op. No. 12
Docket Number: 79605

Justia Opinion Summary: The Supreme Court granted Petitioner's petition for a writ of mandamus ordering that his conviction for misdemeanor battery constituting domestic violence charge be vacated and that he receive a jury trial, holding that…

Guzman v. Johnson  
Date: March 25, 2021
Citation: 137 Nev. Adv. Op. No. 13
Docket Number: 79818

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Appellant's shareholder complaint against Appellees, the individual directors of a corporation and its controlling stockholder, holding that…

Nautilus Insurance Co. v. Access Medical, LLC  
Date: March 11, 2021
Citation: 137 Nev. Adv. Op. No. 10
Docket Number: 79130

Justia Opinion Summary: The Supreme Court answered a certified question under Nev. R. App. P. 5 concerning an insurer's right to reimbursement, holding that when a party to a contract performs a challenged obligation under protest and a court…

Fausto v. Sanchez-Flores  
Date: March 11, 2021
Citation: 137 Nev. Adv. Op. No. 11
Docket Number: 80074

Justia Opinion Summary: The Supreme Court held that the two-year limitations period of Nev. Rev. Stat. 11.190(4)(e) for commencing actions to recover for personal injuries or wrongful death is subject to equitable tolling and that Appellant…

Nevada State Education Ass'n v. Clark County Education Ass'n  
Date: March 4, 2021
Citation: 137 Nev. Adv. Op. No. 8
Docket Number: 79208

Justia Opinion Summary: The Supreme Court affirmed the district court's grant of summary judgment to a local teachers' union in this union contract dispute, holding that the local union validly terminated the contract and so was not…

Smith v. Zilverberg  
Date: March 4, 2021
Citation: 137 Nev. Adv. Op. No. 7
Docket Numbers: 80154, 80348

Justia Opinion Summary: The Supreme Court held that the district court properly determined that the allegedly defamatory statements made by Respondents Kay Zilverberg and Victoria Eagan fell within the protections of Nevada's anti-SLAPP…

Home Warranty Administrator of Nevada, Inc. v. State, Department of Business & Industry  
Date: March 4, 2021
Citation: 137 Nev. Adv. Op. No. 5
Docket Number: 80218

Justia Opinion Summary: The Supreme Court reversed in part the order of the district court denying Petitioner's petition for judicial review of an order of the Nevada Division of Insurance, holding that remand was required with the instruction…

Teva Parenteral Medicines, Inc. v. Eighth Judicial District Court  
Date: March 4, 2021
Citation: 137 Nev. Adv. Op. No. 6
Docket Number: 81024

Justia Opinion Summary: The Supreme Court granted in part and denied in part a petition for a writ of mandamus stemming from lawsuits brought against generic drug manufacturers for selling vials of propofol to ambulatory surgical centers…

Sewall v. District Court  
Date: March 4, 2021
Citation: 137 Nev. Adv. Op. No. 9
Docket Number: 81309

Justia Opinion Summary: The Supreme Court granted a petition for a writ of mandamus sought by Petitioner arguing that the district court was required to grant his release on bail under Nev. Const. art. I, 7, holding that the State's evidence…

Wilson, P.E. v. Pahrump Fair Water, LLC  
Date: February 25, 2021
Citation: 137 Nev. Adv. Op. No. 2
Docket Number: 77722

Justia Opinion Summary: The Supreme Court reversed the decision of the district court invalidating Order No. 1293A, which prohibited the driving of new domestic wells in the Pahrump Artesian Basin unless the applicant identified and…

Doe Dancer I v. La Fuente, Inc.  
Date: February 25, 2021
Citation: 137 Nev. Adv. Op. No. 3
Docket Number: 78078

Justia Opinion Summary: The Supreme Court reversed the order of the district court granting summary judgment against Plaintiffs, who argued that they were employees of Defendant within the context of the Minimum Wage Amendment (MWA), Nev.…

State v. Fourth Judicial District Court  
Date: February 25, 2021
Citation: 137 Nev. Adv. Op. No. 4
Docket Number: 80093

Justia Opinion Summary: The Supreme Court held that the State properly charges a defendant with only a single violation of Nev. Rev. Stat. 202.360(1)(b) when it alleges, without more, that the defendant is a felon who possessed "any firearms" -…

Taylor v. Truckee Meadows Fire Protection District  
Date: February 4, 2021
Citation: 137 Nev. Adv. Op. No. 1
Docket Number: 78971

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Employee's petition for review challenging the validity of Employer's offer of temporary, light-duty employment, holding that the offer was valid…

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