113 results for 'court:"Nevada Supreme Court"'.
J. Stiglich finds the trial court properly convicted defendant for conspiracy and murder with the use of a deadly weapon. Defendant suspected the victim had a romantic relationship with his girlfriend, and he and an accomplice went to the girlfriend's apartment complex and shot the victim to death. The admission of text messages not proven to have been written by defendant was harmless error, particularly in light of defendant's confession and other evidence supporting the conviction. Defendant and the accomplice's defenses were not mutually exclusive and so there was no error in the trial court's denying defendant's motion to sever the cases. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 19, 2023, Case #: 83972, Categories: Evidence, Murder, Weapons
J. Cadish finds the trial court properly granted the employer and its attorneys' motion to dismiss the business advisor's suit alleging conspiracy. The attorney's communications were good faith communications, particularly those made privately, and the advisor failed to meet its anti-SLAPP burden. Furthermore, on appeal, the advisor largely omits record citations as well as relevant court findings. Affirmed in part.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: December 14, 2023, Case #: 82633, Categories: Anti-slapp, Attorney Fees
J. Cadish finds the district court properly denied the correctional officer's petition for judicial review of an administrative decision. The officer was suspended for 5 days for insubordination and says the department received a time extension without good cause while conducting its investigation. Though the extension was given strictly for the department to decide the length of the suspension, and done after the investigation had been completed, the proposed discipline is part of the process of review and subject to the same rules and needs. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: December 12, 2023, Case #: 85257, Categories: Administrative Law, Employment, Due Process
J. Cadish finds the district court properly awarded the parents joint custody of their children in a divorce case. Both parents were found to have meaningful relationships with the children and the mother's allegations of domestic violence lacked credibility. The allegations were general and inconsistent, and the evidence was unverified or inconclusive. Various debts and property were correctly divided, though the court improperly awarded the father fees on the mother's dismissed motion for reconsideration, as it was not frivolous or harassing. Affirmed in part.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: December 4, 2023, Case #: 84334, Categories: Evidence, Family Law, Property
J. Herndon finds the trial court properly convicted defendant for murder, attempted murder, and various weapons and explosives charges. The trial court properly denied his motion to admit evidence of an accomplice's prior bombing at a Home Depot, as his awareness of the bomb is the consequential fact, not the accomplice's prior acts. Furthermore, graphic photos of damage to the victim's hand were properly admitted to aid the expert's testimony. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: December 1, 2023, Case #: 84403, Categories: Murder, Weapons
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J. Papik finds the trial court properly convicted defendant by a no-contest plea for DUI causing serious bodily injury and third-degree assault arising from a car collision. The state presented sufficient evidence to support the charges, and the 1-year sentence and $10,000 fine were properly assessed according to statutory guidelines. Affirmed.
Court: Nevada Supreme Court, Judge: Papik , Filed On: December 1, 2023, Case #: S-23-243, Categories: Evidence, Sentencing, Dui
J. Herndon finds the trial court improperly denied the child's guardian's motion for a new trial. The guardian filed suit against the child's aunt and grandmother, the resident and owner of the home, respectively, where the child nearly drowned in a swimming pool with inadequate barriers. The trial court erroneously submitted a compound question of duty and breach to the jury, as duty is a question of law for the court. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: November 30, 2023, Case #: 84521, Categories: Tort, Negligence, Due Process
[Consolidated] J. Stiglich finds the trial court properly denied the developer's motion to set aside sanctions in its contract action against a gas station owner. The developer failed to comply with discovery requests and court orders for 3 years and it did not oppose or appeal but moved to set aside the sanctions based on an argument of excusable neglect arising from its lawyer's mental health issues. The trial court appropriately set forth case law factors involving relief for excusable neglect and properly found that orders of dismissal are not prospective within the meaning of the cited excusable neglect rule. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: November 30, 2023, Case #: 83640, Categories: Sanctions, Negligence, Contract
J. Stiglich finds the district court improperly denied the computer code owner's special anti-SLAPP motion to dismiss. An industrial software developer says that computer code in the owner's possession belongs to it, being that it purchased the originator company of the code after the owner had invested in the originator to purchase the license. The special motion to dismiss requires the court to focus on the owner's communications rather than the form of the claims and the district court applied an incorrect standard in evaluating the claims. The CEO has demonstrated that the claims are based on good faith communications connected with issues of public concern. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: November 30, 2023, Case #: 84679, Categories: Anti-slapp, Contract, Technology
[Consolidated.] J. Herndon finds the trial court properly found the investment advisor liable for breach of contract, breach of fiduciary duty and conversion in this dispute over the sale of real property. Though the advisor says that no contract existed due to the investor's ignorance of the amended operating agreements, the agreements are found to be binding and enforceable. The parties dispute the timeline of events preceding litigation, though the investor's claims were timely filed and evidence shows the timeline is uncontroverted. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: November 29, 2023, Case #: 83350, Categories: Property, Fiduciary Duty, Contract
J. Stiglich finds the district court properly approved the negotiated settlement in the underlying minimum wage class action lawsuit. Certain topless dancer class members say they did not receive proper notice of the settlement. The club owner provided notice to all class members' last known addresses, and the record shows of the 722 of 897 members who received notice, only 51 responded. Any social media outreach as proposed by the objecting members would not have increased the response. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: November 28, 2023, Case #: 85605, Categories: Evidence, Due Process, Class Action
J. Bell finds the district court properly dismissed this tort action brought upon allegations of injuries incurred in a traffic accident. The injured party failed to serve the summons and complaint on the purported at-fault party within 120 days, and the injured party failed to demonstrate good cause for failing to seek a time extension. Affirmed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: November 22, 2023, Case #: 85161, Categories: Tort, Due Process
J. Stiglich finds the district court properly dismissed the physicians’ labor dispute brought through the Employment Management Relations Board against their union. Claims brought against the hospital and union fall strictly within the board’s jurisdiction. Statute limits the district court’s jurisdiction to issuing an injunction to force the union to comply with the board’s orders. However, the court abused its discretion by awarding certain costs to the union which were unsupported by sufficient documentation. Affirmed in part. Reversed and remanded in part.
Court: Nevada Supreme Court, Judge: Stiglich, Filed On: November 17, 2023, Case #: 85928, Categories: Jurisdiction, Attorney Fees, Labor / Unions
J. Lee finds the district court improperly denied the firearm maker's motion to compel arbitration with another manufacturer in this suit filed after certain contracted-for firearms required repairs before sale. The party seeking to compel arbitration in this case has demonstrated the right to enforce the contract by its manufacturing relationship with the signatory, and compelling the other non-signatory can be appropriate in such circumstance under standard contract law. Reversed.
Court: Nevada Supreme Court, Judge: Lee , Filed On: November 16, 2023, Case #: 84142, Categories: Arbitration, Business Expectancy, Contract
[Consolidated] J. Cadish finds the trial court properly dismissed five lawsuits alleging an ongoing conspiracy between a business advisor's various employers and attorneys who represented them in other litigation against the advisor. The attorneys' communications were found to be made in good faith. The advisor also failed to meet the absolute litigation privilege burden under the second prong of the anti-SLAPP analysis and did not make the requisite showing for additional discovery. Affirmed in part.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: November 16, 2023, Case #: 82633, Categories: Anti-slapp, Attorney Fees
J. Stiglich finds the trial court properly granted the property owner summary judgment in this suit brought by the renter who attempted to terminate its lease due to operating issues stemming from Covid-19 lockdowns. The owner filed a properly supported motion establishing the renter’s default. The renter failed to offer evidence in opposition. Covid restrictions do not excuse nonperformance. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich, Filed On: November 9, 2023, Case #: 84808, Categories: Property, Covid-19, Contract
J. Cadish finds the district court properly dismissed this complaint brought by the hospital association challenging the constitutionality of a bill in the Nevada Unfair Trade Practices Act preventing health care providers from incentivizing use of certain providers, and other acts constituting restraint on trade. The association does not set forth sufficient facts regarding its claimed significant burden of the bill on interstate commerce. Simply saying that the bill burdens commerce fails to meet the notice-pleading standard. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: November 6, 2023, Case #: 84991, Categories: Constitution, Health Care, Insurance
J. Pickering finds the district court improperly denied the artificial turf company’s request for a preliminary injunction to enforce a noncompete covenant against its former employees. The court denied the request, saying that the covenant was unenforceable due to procedural unconscionability, which consisted in the merger of the covenant into the preceding paragraph of the employment agreement. This is not enough to invalidate it without additional substantive unconscionability shown. The court was obligated to determine whether the covenant’s remaining flaws could be cured by revision under the statute governing noncompete agreements. Reversed and remanded.
Court: Nevada Supreme Court, Judge: Pickering, Filed On: November 2, 2023, Case #: 85249, Categories: Due Process, Contract, Injunction
J. Cadish finds the trial court properly convicted defendant for voluntary manslaughter with a deadly weapon. After the fatal shooting and because defendant was brought into custody after fleeing the jurisdiction, the state pursued a murder charge. Defendant argued self-defense in a trial with many witnesses called. The jury deadlocked and an alternate replaced a seated juror before the manslaughter verdict was reached. The court did not abuse its discretion by admitting a rebuttal witness because the content of the testimony was not withheld. The court also applied appropriate tests in determining a prior conviction for attempted robbery was admissible for credibility impeachment. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: October 30, 2023, Case #: 83456, Categories: Evidence, Self Defense, Manslaughter
J. Cadish finds the district court properly denied the petition for judicial review contesting the county planning commission’s approval of the property owner's petition that the county abandon a portion of a road adjacent to his property that encroached into a cul-de-sac. Though other property owners say that delivery and emergency vehicles would be hindered by the abandonment, evidence that the road’s width will not be changed supports the approval of the abandonment and the county’s affirmation of the approval. The court did not abuse its discretion in striking filings as it has inherent authority to do so. Any existing easements can be easily relocated and all opportunity for hearing has been given. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: October 30, 2023, Case #: 84611, Categories: Municipal Law, Property, Due Process
[Consolidated.] J. Herndon finds the district court properly granted summary judgment to the Las Vegas Convention and Visitors Authority in this suit involving an easement on land purchased by the Buddhist association. Maintenance obligations for a footbridge are enforceable against the Buddhist association even though construction plans for a convention center to which the footbridge would have connected never materialized. A contractual instrument between the Visitors Authority and the previous property owner states that a successor to interest would be bound by the instrument. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: October 26, 2023, Case #: 80858, Categories: Construction, Municipal Law, Property
J. Herndon finds the district court properly dismissed this civil racketeering and tort action, denying the alleged inventor of the intellectual property’s motion to amend. After the inventor filed bankruptcy when his gaming business failed, partners opened another business using the disputed property. The statute of limitations had expired on the inventor’s claims, and any amendment would have therefore been futile. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: October 26, 2023, Case #: 84720, Categories: Copyright, Property, Tort
J. Cadish finds the trial court properly granted the insurer’s motion to dismiss this dispute over coverage sought by the first deed of trust holder, Deutsche Bank, to recover loss of interest in the foreclosed-upon property through its title insurance policy. Assessment obligations arise when due and determine the superiority of the lien over the first security interest by reference to that due date. The assessment lien that extinguished Deutsche Bank’s deed of trust arose seven years after the date of policy and this post-policy lien does not fall within the scope of the applicable title endorsement. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: October 12, 2023, Case #: 84161, Categories: Insurance, Property, Banking / Lending
J. Cadish finds the district court improperly dissolved the preliminary injunction granted the news service to prevent the state from reviewing electronic devices possibly containing journalistic privileged information that was seized in an investigation of the murder of a journalist. Although journalistic privilege is not absolute, the search protocol entered by the district court, which dissolved the injunction, allows privilege to be violated before the court has the opportunity to weigh it against any assertion of countervailing rights. Reversed and remanded.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: October 5, 2023, Case #: 85553, Categories: Constitution, Due Process, Privilege
J. Parraguirre finds the district court properly dismissed the death-row inmate’s complaint for declaratory relief challenging the legislature’s delegation of authority to the Department of Corrections as to the state’s method of execution. The relevant Nevada statute, together with the U.S. Constitution’s prohibition on cruel and unusual punishment, provides the department with suitable standards to determine the process by which a lethal injection is to be administered. Affirmed.
Court: Nevada Supreme Court, Judge: Parraguirre, Filed On: September 28, 2023, Case #: 84081, Categories: Constitution, Death Penalty, Murder
J. Lee finds the district court properly granted the Division of State Lands’ motion for summary judgment in this suit brought by property owners on Lake Tahoe alleging that new fee-setting regulations for use of buoys and piers were invalid. The regulations do not violate statutory or constitutional provisions and do not exceed the Division’s statutory authority. Affirmed.
Court: Nevada Supreme Court, Judge: Lee, Filed On: September 28, 2023, Case #: 83830, Categories: Environment, Government, Maritime
J. Cadish denies Orbitz’s petition for mandamus seeking to dismiss a private false claims action brought by State of Nevada relators. The action alleges that Orbitz avoided paying taxes by collecting full-rate tax from their customers but remitting it based on a discounted rate negotiated with hotels. The county to which the taxes were owed brought an essentially identical suit and Orbitz sought dismissal of the private action as barred by relevant false claims statute. The bar only applies to a private action involving the same governmental entity and same theories of liability as the separate governmental entity’s action.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: September 28, 2023, Case #: 85111, Categories: Tax, False Claims
J. Pickering finds the trial court properly convicted defendant by no-contest plea for attempted lewdness with a child. He was placed on probation which included conditions common to sex-offender probation. It is reasonable to restrict an adult convicted of a sexual offense involving a child from areas where children commonly are found, and the court did not abuse its discretion in applying this condition. But, because defendant’s waiver of appeal did not preclude challenges to probation conditions, certain internet restrictions must be removed from the judgment of conviction. Affirmed in part. Reversed in part and remanded.
Court: Nevada Supreme Court, Judge: Pickering, Filed On: September 28, 2023, Case #: 83622, Categories: Probation, Sex Offender, Child Victims