Supreme Court of Nevada Decisions 2022
Date: December 30, 2022
Citation: 138 Nev. Adv. Op. No. 90
Docket Number: 84134
Date: December 29, 2022
Citation: 138 Nev. Adv. Op. No. 85
Docket Number: 81456
Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing Wife's complaint alleging legal malpractice arising from legal advice given in the course of drafting an estate plan, holding that the claim was…
Date: December 29, 2022
Citation: 138 Nev. Adv. Op. No. 86
Docket Number: 81513
Justia Opinion Summary: The Supreme Court held that a private right of action for money damages exists to vindicate questions of search-and-seizure rights under the Nevada Constitution but that a qualified immunity defense does not apply to…
Date: December 29, 2022
Citation: 138 Nev. Adv. Op. No. 87
Docket Number: 83422
Justia Opinion Summary: The Supreme Court vacated the order of the district court finding that Nev. Rev. Stat. 432B.393(3)(c) violates due process, holding that the statute does not infringe on the fundamental liberty interest a parent has in…
Date: December 29, 2022
Citation: 138 Nev. Adv. Op. No. 89
Docket Number: 83581
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court holding that a revocable living trust agreement signed by the decedent and the named trustee sufficiently established the decedent's house as trust property,…
Date: December 29, 2022
Citation: 138 Nev. Adv. Op. No. 88
Docket Number: 85604
Justia Opinion Summary: The Supreme Court denied Petitioner's petition for a writ of mandamus challenging the district court's decision denying a request for mandamus or injunctive relief related to the political composition of the persons…
Date: December 22, 2022
Citation: 138 Nev. Adv. Op. No. 82
Docket Number: 84006
Justia Opinion Summary: The Supreme Court denied Petitioner Jane Nelson's petition for a writ of mandamus challenging a district court order denying her motion to disqualify McBride Hall from representing real parties in interest Dr. Muhammad…
Date: December 21, 2022
Citation: 138 Nev. Adv. Op. No. 84
Docket Number: 82991
Justia Opinion Summary: In these appeals relating several statutes and issues regarding the administration of a discretionary trust the Supreme Court held that Nev. Rev. Stat. 165.1207(1)(b)(5) does not provide a beneficiary whose only…
Date: December 17, 2022
Citation: 138 Nev. Adv. Op. No. 83
Docket Number: 81862
Justia Opinion Summary: The Supreme Court reversed the order of the district court setting aside a judgment confirming an arbitration award under Nev. R. Civ. P. 60(b) (NRCP 60(b)), holding that Nevada Arbitration Rule (NAR) 19(C) bars a…
Date: December 15, 2022
Citation: 138 Nev. Adv. Op. No. 79
Docket Numbers: 80466, 82067
Justia Opinion Summary: The Supreme Court granted a trustee's petition for a writ of prohibition and reversed the order of the district court concluding that a nonresident trustee sued in a trust administration case was subject to personal…
Date: December 15, 2022
Citation: 138 Nev. Adv. Op. No. 80
Docket Number: 82908
Justia Opinion Summary: The Supreme Court vacated the order of the district court awarding the Las Vegas Review-Journal (LVRJ) costs and attorney fees in proceedings under the Nevada Public Records Act (NPRA), holding that the district court…
Date: December 15, 2022
Citation: 138 Nev. Adv. Op. No. 81
Docket Number: 83847
Justia Opinion Summary: The Supreme Court denied Appellant's motion to disqualify Justice Douglas Herndon after Justice Herndon filed a notice of voluntary disclosure informing the parties that he had inherited the underlying matter while…
Date: December 1, 2022
Citation: 138 Nev. Adv. Op. No. 78
Docket Numbers: 81810, 82517
Justia Opinion Summary: In this opinion considering whether an indemnification provision in a property settlement incident to a divorce decree was enforceable where the divorcing veteran agreed to reimburse his or her spouse if the veteran…
Date: December 1, 2022
Citation: 138 Nev. Adv. Op. No. 77
Docket Number: 83172
Justia Opinion Summary: The Supreme Court granted in part and denied in part this petition for a writ of mandamus, holding that Nev. Rev. Stat. 678C.850(3) provides an employee with a private right of action where an employer does not attempt…
Date: November 23, 2022
Citation: 138 Nev. Adv. Op. No. 76
Docket Number: 82948
Justia Opinion Summary: The Supreme Court affirmed the order of the district court granting Defendant's motion to dismiss the amended complaint filed by Plaintiff because the statute of limitations had expired and because Defendant had not…
Date: November 23, 2022
Citation: 138 Nev. Adv. Op. No. 74
Docket Number: 83334
Justia Opinion Summary: The Supreme Court vacated for lack of subject matter jurisdiction the district court's judgment of conviction, pursuant to a guilty plea, of attempted sexual assault, holding that when a child under the age of sixteen…
Date: November 23, 2022
Citation: 138 Nev. Adv. Op. No. 73
Docket Number: 83723
Justia Opinion Summary: The Supreme Court denied a petition for extraordinary relief to address a matter of first impression before the Court regarding the procedures and burden of proof required to establish the crime-fraud exception to the…
Date: November 23, 2022
Citation: 138 Nev. Adv. Op. No. 75
Docket Number: 84623
Justia Opinion Summary: The Supreme Court held that a third-party entity in a post-judgment collection action has party standing to appeal from an order of the district court resolving its petition to return property levied pursuant to a writ…
Date: November 10, 2022
Citation: 138 Nev. Adv. Op. No. 71
Docket Number: 81964
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the district court entering summary judgment in this action concerning the assignability of the proceeds from a legal malpractice action, holding…
Date: October 27, 2022
Citation: 138 Nev. Adv. Op. No. 70
Docket Number: 82746
Justia Opinion Summary: The Supreme Court reversed the order of the district court dismissing Plaintiff's complaint for failure to attach an affidavit of merit after concluding that her allegations sounded in professional negligence, holding…
Date: October 20, 2022
Citation: 138 Nev. Adv. Op. No. 69
Docket Number: 82667
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing a petition for adult name change under Nev. Rev. Stat. 41.270, holding that the district court abused its discretion in summarily dismissing the…
Date: October 6, 2022
Citation: 138 Nev. Adv. Op. No. 67
Docket Number: 83968
Justia Opinion Summary: The Supreme Court granted mandamus relief in part in this case directing the district court to enter an order concerning Petitioner's custodial status consistent with the instructions set forth in this opinion, holding…
Date: September 29, 2022
Citation: 138 Nev. Adv. Op. No. 65
Docket Number: 81346
Justia Opinion Summary: The Supreme Court held that the district court erred in denying Appellant's motion to compel arbitration and refusing to submit the arbitrability determination under the circumstances of this case to an…
Date: September 29, 2022
Citation: 138 Nev. Adv. Op. No. 66
Docket Number: 82556
Justia Opinion Summary: The Supreme Court reversed the order of the district court denying Appellant's motion to compel arbitration, holding that where an arbitration agreement delegates the threshold question of arbitrability to the…
Date: September 22, 2022
Citation: 138 Nev. Adv. Op. No. 64
Docket Number: 82640
Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part the order of the district court granting Defendant's motion to suppress evidence found as a result of and during a protective sweep, holding that a protective sweep…
Date: September 1, 2022
Citation: 138 Nev. Adv. Op. No. 61
Docket Number: 83173
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court establishing child custody, visitation, and child support holding that the district court erred by exceeding the cap set forth in NAC 425.150(1)(f). Father…
Date: September 1, 2022
Citation: 138 Nev. Adv. Op. No. 62
Docket Number: 84070
Justia Opinion Summary: The Supreme Court vacated Defendant's conviction of a drug offense in violation of Nev. Rev. Stat. 453.336(2)(a), holding that the statutes governing Defendant's first-offense drug crime mandated judgment deferral under…
Date: August 18, 2022
Citation: 138 Nev. Adv. Op. No. 60
Docket Number: 82484
Date: August 18, 2022
Citation: 138 Nev. Adv. Op. No. 59
Docket Number: 83793
Date: August 11, 2022
Citation: 138 Nev. Adv. Op. No. 56
Docket Number: 82161
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying and dismissing this class action complaint brought against Plaintiffs' former employer to obtain unpaid minimum and overtime wages, holding that the…
Date: August 11, 2022
Citation: 138 Nev. Adv. Op. No. 57
Docket Number: 82174
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court finding that there was no default of the loan in this case and issuing a wide-ranging preliminary injunction reaching matters that were not argued or briefed,…
Date: August 11, 2022
Citation: 138 Nev. Adv. Op. No. 58
Docket Number: 82797
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing the complaint in this case for failure to state a claim, holding that an employee discharged after testing positive at work based on recreational…
Date: July 28, 2022
Citation: 138 Nev. Adv. Op. No. 55
Docket Number: 83724
Justia Opinion Summary: The Supreme Court denied mandamus relief in this challenge to a district court order reinstating a claim against a cigarette manufacturer under the Nevada Deceptive Trade Practices Act (NDTPA), holding that mandamus…
Date: July 7, 2022
Citation: 138 Nev. Adv. Op. No. 52
Docket Number: 82095
Justia Opinion Summary: The Supreme Court affirmed the order of the district court confirming a foreign custody order, holding that the language of Nev. Rev. Stat. 125A.465 is plain and unambiguous and that the challenges to the registration of…
Date: July 7, 2022
Citation: 138 Nev. Adv. Op. No. 53
Docket Number: 82742
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Appellant's petition for a writ of mandamus, holding that the district court did not err in denying Appellant's petition because Nev. Rev. Stat.…
Date: July 7, 2022
Citation: 138 Nev. Adv. Op. No. 54
Docket Number: 83596
Justia Opinion Summary: The Supreme Court denied a petition for a writ of mandamus in this tort action, holding that the district court did not abuse its discretion in modifying the scheduling order, reopening discovery, and granting a motion…
Date: June 30, 2022
Citation: 138 Nev. Adv. Op. No. 48
Docket Number: 82572
Justia Opinion Summary: The Supreme Court answered a certified question of law by holding that a plaintiff is not damaged for purposes of a common-law fraudulent concealment claim or a Nev. Rev. Stat. 41.600 consumer fraud claim when the…
Date: June 30, 2022
Citation: 138 Nev. Adv. Op. No. 49
Docket Number: 83023
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court concluding that Respondent was conclusively presumed to be the child's legal father based on positive DNA test results and that his status as such gave him…
Date: June 28, 2022
Citation: 138 Nev. Adv. Op. No. 45
Docket Number: 84110
Justia Opinion Summary: The Supreme Court affirmed the order of the district court rejecting Appellant's complaint challenging an initiative petition that would, if approved by voters, add two sections to Article 15 of the Nevada Constitution,…
Date: June 28, 2022
Citation: 138 Nev. Adv. Op. No. 46
Docket Number: 84420
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the district court order granting writs of mandamus and prohibition barring the Secretary of State from placing initiative petition questions on the ballot, holding…
Date: June 28, 2022
Citation: 138 Nev. Adv. Op. No. 47
Docket Number: 84736
Justia Opinion Summary: The Supreme Court affirmed the order of the district court enjoining Education Freedom PAC (EFP) from circulating an initiative petition for signatures and enjoining the Secretary of State from including the initiative…
Date: June 23, 2022
Citation: 138 Nev. Adv. Op. No. 44
Docket Number: 81962
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court convicting Defendant of murder with the use of a deadly weapon, robbery with the use of a deadly weapon, and related charges, holding that there was no error…
Date: June 16, 2022
Citation: 138 Nev. Adv. Op. No. 42
Docket Number: 79424
Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court finding Babylyn Tate not negligent in this tort action, holding that none of the challenged conduct or other…
Date: June 16, 2022
Citation: 138 Nev. Adv. Op. No. 43
Docket Number: 81224
Justia Opinion Summary: The Supreme Court reversed the order of the district court granting Respondents' consolidated petitions for judicial review and reinstating the decision of the State Engineer approving the Diamond Valley Groundwater…
Date: June 2, 2022
Citation: 138 Nev. Adv. Op. No. 39
Docket Number: 80156
Justia Opinion Summary: The Supreme Court reversed Defendant's murder convictions and affirmed her remaining convictions, holding that the district court's instruction on murder was inaccurate and caused prejudice and that Defendant's…
Date: June 2, 2022
Citation: 138 Nev. Adv. Op. No. 40
Docket Number: 81430
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing Appellant's civil rights complaint without prejudice on the grounds that Appellant failed personally to serve any of the Nevada Department of…
Date: June 2, 2022
Citation: 138 Nev. Adv. Op. No. 38
Docket Number: 82218
Justia Opinion Summary: The Supreme Court reversed the order of the district court granting a motion for relief from a default judgment under Nev. R. Civ. P. 60(b)(1) and (6), despite the fact that the motion was filed more than fourteen months…
Date: June 2, 2022
Citation: 138 Nev. Adv. Op. No. 41
Docket Number: 82786
Justia Opinion Summary: The Supreme Court reversed the order of the district court denying SR Construction, Inc.'s motion to compel arbitration because its master subcontract agreement (MSA) with Peek Brothers Construction, Inc. constituted a…
Date: May 26, 2022
Citation: 138 Nev. Adv. Op. No. 37
Docket Number: 77345
Justia Opinion Summary: The Supreme Court reversed in part and affirmed in part the order of the district court denying Defendant's third postconviction petition for a writ of habeas corpus without conducting an evidentiary hearing, holding…
Date: May 26, 2022
Citation: 138 Nev. Adv. Op. No. 34
Docket Number: 79036
Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part Defendant's conviction of, among other things, sixteen counts of lewdness with a child under age fourteen and nineteen counts of sexual assault of a minor under…
Date: May 26, 2022
Citation: 138 Nev. Adv. Op. No. 35
Docket Number: 80111
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in this action involving a foreclosed property located in a homeowner's association (HOA) community and sold by the HOA to a subsequent purchaser at a…
Date: May 26, 2022
Citation: 138 Nev. Adv. Op. No. 36
Docket Number: 82118
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiff's complaint against the State alleging that Nevada's system of public education had failed its students, holding that Plaintiff's claims…
Date: May 5, 2022
Citation: 138 Nev. Adv. Op. No. 30
Docket Number: 78147
Justia Opinion Summary: The Supreme Court vacated the restitution portion of Defendant's judgment of conviction and remanded this case to the district court for further restitution proceedings, holding that restitution for a victim's medical…
Date: May 5, 2022
Citation: 138 Nev. Adv. Op. No. 31
Docket Number: 80177
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court determining that the covenant of good faith and fair dealing applied when it awarded delay damages to a subcontractor, holding that the district court…
Date: May 5, 2022
Citation: 138 Nev. Adv. Op. No. 33
Docket Number: 82158
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Appellant's request for a declaration that Nev. Rev. Stat. 42.021 precluded Respondent from recovering its workers' compensation payments from…
Date: May 5, 2022
Citation: 138 Nev. Adv. Op. No. 32
Docket Number: 82445
Justia Opinion Summary: The Supreme Court reversed the judgment of forfeiture entered by the district court after determining that Nevada's homestead exemption may, as a general matter, protect against civil forfeiture, holding (1) there is no…
Date: April 28, 2022
Citation: 138 Nev. Adv. Op. No. 29
Docket Number: 82495
Date: April 21, 2022
Citation: 138 Nev. Adv. Op. No. 28
Docket Number: 82341
Justia Opinion Summary: The Supreme Court held that traditional standing requirements may not apply when an appropriate party seeks to enforce a public official's compliance with Nevada's separation of powers clause, provided that the issue is…
Date: April 14, 2022
Citation: 138 Nev. Adv. Op. No. 27
Docket Number: 76422
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court on a defense verdict in this personal injury case, holding that Plaintiffs were not entitled to relief on any of their claims of error. Plaintiffs Gavin Cox…
Date: April 14, 2022
Citation: 138 Nev. Adv. Op. No. 25
Docket Number: 77055
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part Defendant's convictions for multiple charges and sentence of death for the murder of two people, holding that cumulative error deprived Defendant of a fair penalty…
Date: April 14, 2022
Citation: 138 Nev. Adv. Op. No. 26
Docket Number: 81385
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court determining that Respondent judgment creditor timely domesticated a foreign judgment in Nevada and that Respondent's accomplishment of actual service of the…
Date: April 7, 2022
Citation: 138 Nev. Adv. Op. No. 23
Docket Number: 81142
Justia Opinion Summary: The Supreme Court reversed Appellant's conviction of multiple child sexual assault and abuse counts, holding that the district court's decision denying Appellant's motion to substitute counsel violated his Sixth…
Date: April 7, 2022
Citation: 138 Nev. Adv. Op. No. 22
Docket Number: 81293
Justia Opinion Summary: The Supreme Court denied a petition for rehearing of an order affirming the judgment of the district court in the underlying quiet title action, holding that this Court did not overlook or misapprehend any material fact…
Date: April 7, 2022
Citation: 138 Nev. Adv. Op. No. 24
Docket Number: 82565
Justia Opinion Summary: The Supreme Court reversed the district court's grant of summary judgment with respect to Appellant's claim for declaratory relief and as to Appellant's accompanying violation of property rights claim, holding that…
Date: March 31, 2022
Citation: 138 Nev. Adv. Op. No. 18
Docket Numbers: 81018, 81172
Date: March 31, 2022
Citation: 138 Nev. Adv. Op. No. 17
Docket Numbers: 81052, 80271
Date: March 31, 2022
Citation: 138 Nev. Adv. Op. No. 20
Docket Number: 82263
Date: March 31, 2022
Citation: 138 Nev. Adv. Op. No. 19
Docket Number: 82524
Date: March 31, 2022
Citation: 138 Nev. Adv. Op. No. 21
Docket Number: 84407
Date: March 24, 2022
Citation: 138 Nev. Adv. Op. No. 13
Docket Numbers: 80508, 77320
Justia Opinion Summary: In this construction contract action, the Supreme Court affirmed the judgment of the district court dismissing Helix Electric of Nevada, LLC's claims for retention against APCO Construction, Inc. and the award of…
Date: March 24, 2022
Citation: 138 Nev. Adv. Op. No. 14
Docket Number: 81331
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the order of the district court awarding retroactive child support in a paternity action initiated after the child reached the age of majority, holding that the…
Date: March 24, 2022
Citation: 138 Nev. Adv. Op. No. 15
Docket Number: 81844
Justia Opinion Summary: The Supreme Court held that the federal Defend Trade Secrets Act (DTSA) prohibits disclosure, under the Nevada Public Records Act (NPRA), of documents from pharmaceutical companies and pharmacy benefit managers collected…
Date: March 24, 2022
Citation: 138 Nev. Adv. Op. No. 12
Docket Number: 82299
Justia Opinion Summary: The Supreme Court held that the district court erred by disqualifying a district court judge because her impartiality could reasonably be questioned after she reviewed notes, produced in discovery, that the Supreme Court…
Date: March 24, 2022
Citation: 138 Nev. Adv. Op. No. 16
Docket Number: 82696
Justia Opinion Summary: The Supreme Court held that the district court correctly applied Nev. Rev. Stat. 231.1517 and ordered the Parole Board to credit Respondent for the time he spent incarcerated pending adjudication on his new criminal…
Date: March 10, 2022
Citation: 138 Nev. Adv. Op. No. 11
Docket Number: 81382
Date: March 3, 2022
Citation: 138 Nev. Adv. Op. No. 10
Docket Number: 83156
Justia Opinion Summary: The Supreme Court denied relief in this original petition for a writ of mandamus, holding that the district court did not manifestly abuse its discretion by denying Petitioner's motion and dismissing her complaint as to…
Date: February 24, 2022
Citation: 138 Nev. Adv. Op. No. 9
Docket Number: 81804
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court concluding that an arbitration provision was void under Nev. Rev. Stat. 597.995 for failure to include a specific authorization, holding that the Federal…
Date: February 17, 2022
Citation: 138 Nev. Adv. Op. No. 4
Docket Number: 78954
Justia Opinion Summary: The Supreme Court held that the district court erred in dismissing Appellant's complaint alleging that EMTs wrongfully denied him medical treatment after concluding that Appellant's claims were barred by the public duty…
Date: February 17, 2022
Citation: 138 Nev. Adv. Op. No. 5
Docket Number: 80911
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying judicial review from the determination of the Public Utilities Commission of Nevada (PUC) denying Southwest Gas Corporation's (SWG) request for…
Date: February 3, 2022
Citation: 138 Nev. Adv. Op. No. 3
Docket Number: 81129
Justia Opinion Summary: The Supreme Court held that declaratory relief actions are not categorically exempt from statutes of limitations, that the four-year statute of limitations applies to an action like this one to determine the validity of…
Date: January 13, 2022
Citation: 138 Nev. Adv. Op. No. 2
Docket Number: 81209
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court denying Appellant's postconviction petition for a writ of habeas corpus, holding that counsel's overt interjection of racial stereotypes into Appellant's…
Date: January 13, 2022
Citation: 138 Nev. Adv. Op. No. 1
Docket Numbers: 81259, 81439
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court denying Father's motion to modify the parties' physical custody designation and Father's child support obligation, holding that the new child support…
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