113 results for 'court:"Nevada Supreme Court"'.
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
J. Stiglich finds the district court properly awarded sole legal custody of the divorced couple’s child to the father for the limited purpose of vaccinating him against Covid-19. Though the parents originally shared custody, they disagreed on whether their 11-year-old child should be vaccinated. The district court correctly found that vaccination was in the child’s best interest based on the pediatrician’s recommendation and government and professional groups’ guidelines and research results. Consideration of other factors presented would not change the result. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich, Filed On: September 28, 2023, Case #: 84685, Categories: Family Law, Guardianship, Covid-19
J. Stiglich finds that the municipal court properly dismissed the petition for a writ of mandamus requested by the police auditing website owner who successfully moved to dismiss an obstruction charge and seeks to compel an award of attorney fees and litigation expenses as the prevailing party. Municipal courts are not included in the statutory definition of the term "court" in Nevada, and do not have the authority make such awards. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: September 21, 2023, Case #: 86108, Categories: Judiciary, Jurisdiction, Attorney Fees
J. Stiglich finds that the hearing officer properly dismissed the corrections employee's appeal of a disciplinary action. The employee failed to attach the written notification of the action to the appeal form. This requirement is a procedural claim-processing rule, is not jurisdictional, and the failure to attach the written notice did not divest the hearing officer of jurisdiction. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: September 21, 2023, Case #: 83942, Categories: Civil Procedure, Employment, Jurisdiction
J. Pickering finds that the district court properly denied the hospital's motion to compel arbitration in this wrongful death action. Relevant Nevada Revised Statute provides the heirs with separate causes of action requiring their agreement if arbitration is to be compelled. While the claims derive from the injury to the decedent, that does not authorize the binding of the heirs to arbitration without agreement. The court properly found agreement lacking. Affirmed.
Court: Nevada Supreme Court, Judge: Pickering , Filed On: September 21, 2023, Case #: 83945, Categories: Arbitration, Wills / Probate, Wrongful Death
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J. Stiglich finds the district court properly declined to backdate the same-sex marriage to the beginning of the relationship in order to determine property division in the underlying divorce proceeding. One of the husbands argues that they would have married in the early 1990s if same-sex marriage had been legal, but there is no law or guiding case supporting the backdating of a marriage. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: September 14, 2023, Case #: 83859, Categories: Family Law, Lgbtq
[Consolidated] J. Stiglich finds the district court improperly dismissed the criminal complaint as a remedy for its violation of defendant's due process rights. Defendant remained in jail for 160 days before being transferred to the psychiatric hospital for competency restoration. Precedent does not support the district court's conclusion that aggravated circumstances warranted dismissal with prejudice. The district court neglected to balance deterrent objectives against society's interest in prosecuting crime. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: September 14, 2023, Case #: 85400, Categories: Competence, Sex Offender, Due Process
J. Cadish grants the insurance company's petition for a writ of mandamus challenging the court's denial of its motion for summary judgment in this insurance dispute. Though the shopping mall suffered significant economic losses due to its abrupt closure during the Covid-19 pandemic, the presence of the virus on the property did not create the requisite "direct physical loss or damage" covered under the policy. The claims cannot stand as a matter of law.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: September 14, 2023, Case #: 84986, Categories: Insurance, Damages, Covid-19
J. Stiglich finds the district court properly found that the bank did not comply with the statutory procedure to renew a judgment against the debtor. Though the bank provided electronic notice of an affidavit of renewal to counsel, it did not provide timely notice by certified mail to the debtors. The court declines to hold that substantial compliance may satisfy the certified mail requirement. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: September 14, 2023, Case #: 84304, Categories: Debt Collection, Due Process, Banking / Lending
Per curiam, the Supreme Court of Nevada finds the district court properly dismissed the petition for judicial review challenging a decision by the Nevada Employment Security Division’s Board of Review denying the petitioner’s application for unemployment benefits. The rule of civil procedure which adds three days to certain filing periods when service is made by mail, does not apply when filing a petition for judicial review. The petition was filed beyond the statutory time period. Affirmed.
Court: Nevada Supreme Court, Judge: Per curiam, Filed On: September 7, 2023, Case #: 85155, Categories: Civil Procedure, Employment
J. Bell denies the department’s petition for a writ of certiorari or mandamus challenging contempt sanctions of $500 for each day it fails to accept, treatment, the criminal defendants who were deemed incompetent. The department fails to meet its burden for extraordinary relief. The record shows that it can and does comply with competency orders once a contempt order with sanctions is issued. The state’s arguments that compliance is impossible and that sanctions undermine its ability to comply lack merit. The district court had jurisdiction to hold the department in contempt and did not abuse its discretion.
Court: Nevada Supreme Court, Judge: Bell, Filed On: August 31, 2023, Case #: 85554, Categories: Health Care, Sanctions, Commitment
J. Herndon finds the district court improperly denied the motion to reinstate child support for a handicapped child beyond the age of majority. The relevant statute generally requires that child support modifications be made while the child is still a minor, though there are exceptions for adult handicapped children in certain circumstances. The court erred in finding that it did not have jurisdiction to reinstate support. The declared 20% change in monthly income does not compel the court to make an alimony modification, but only gives it discretion as to whether modification is appropriate. The court did not abuse its discretion in denying that modification. Affirmed in part. Reversed in part and remanded.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: August 31, 2023, Case #: 84086, Categories: Family Law, Jurisdiction
J. Pickering finds the trial court properly convicted defendant of several counts of lewdness and sexual assault of the 10-year-old daughter of a family friend. During a period when the family struggled with homelessness, defendant allowed them to stay in his motel room, during which he forced the child to fellate him, and penetrated her vaginally and anally with his penis, fingers, and a Sharpie pen. A child victim's testimony is sufficient for conviction if the testimony has accurate detail, and the jury found the witnesses credible and the testimony convincing. The state did not dwell on erroneously admitted evidence, and the instructional error as to lewdness was not material. Affirmed in part.
Court: Nevada Supreme Court, Judge: Pickering , Filed On: August 24, 2023, Case #: 83316, Categories: Evidence, Sex Offender, Child Victims
[Consolidated] J. Bell finds the district court improperly granted summary judgment and attorney fees to the buyer in this breach of contract suit arising from the seller's closing the hotel and casino for which the buyer had an ordinary course covenant in the asset purchase agreement. The seller did not breach the agreement, as the closure was in response to the governor's emergency Covid-19 directive. The seller was merely following the law to maintain its gaming licenses, and the buyer's applications for gaming licenses were delayed, not refused. Reversed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: August 24, 2023, Case #: 84257, Categories: Licensing, Covid-19, Contract
J. Cadish finds the trial court properly found a deed of trust continues to encumber the real property at issue. The loan secured by the real property would not become wholly due when a notice of default is recorded as to the secured loan. A notice of default is not identified by statute as a document rendering a secured loan wholly due for purposes of triggering the statute's 10-year time frame, and Nevada law requires a cure period following a notice of default before acceleration of the entire outstanding debt. The notice's purported acceleration language was also not sufficiently clear. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: August 24, 2023, Case #: 84174, Categories: Debt Collection, Property, Banking / Lending
[Consolidated.] J. Stiglich overrules the medical center’s objection to senior justice assignments in its challenge of the $48 million wrongful death judgment and denies its motion to designate replacements for disqualified justices in accordance with the Nevada Constitution. The medical center claims that only the governor has authority to temporarily replace a disqualified justice on the state supreme court. Under the Nevada Constitution, both the governor and the chief justice may designate temporary substitutes for disqualified justices. The assignments are constitutionally authorized.
Court: Nevada Supreme Court, Judge: Stiglich, Filed On: August 17, 2023, Case #: 79658, Categories: Constitution, Judiciary
J. Stiglich, on review, finds the district court properly corrected the worker’s compensation appeals officer’s imposition of a requirement that an estate must prove the employer would have foreseen that its travelling employee would engage in the activity which caused his death in order for his spouse and children to receive benefits. The appeals officer misinterpreted relevant case law governing benefits for travelling employees. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich, Filed On: July 13, 2023, Case #: 84111, Categories: Wrongful Death, Workers' Compensation
J. Bell answers a certified question and rules that a series LLC created to purchase foreclosed-upon properties, pursuant to statute governing classes of members or managers and series of members, must be sued in its own name for the court to have jurisdiction. A series LLC is recognized as a separate legal entity from the master entity as long as statutory corporate formalities have been followed.
Court: Nevada Supreme Court, Judge: Bell, Filed On: July 6, 2023, Case #: 84370, Categories: Jurisdiction, Business Expectancy
J. Pickering finds the county court properly partially dismissed the medical malpractice claim arising from the physician’s leaving gauze in a wound after a tumor removal, which resulted in recurrent infections and the patient’s eventual death. A nurse expert witness for the estate failed to show she was qualified to comment on a physician’s standard of care. Her opinion failed to identify medical negligence. The claim is not exempted from the affidavit of merit requirement since the gauze was left during a nonsurgical procedure. Affirmed.
Court: Nevada Supreme Court, Judge: Pickering, Filed On: July 6, 2023, Case #: 82898, Categories: Experts, Wrongful Death, Medical Malpractice
J. Herndon finds the family court improperly terminated the father’s parental rights to his minor child due to his abuse of prescription drugs. At the motion to terminate, the father had been sober for months and was successfully participating in his assigned program. The court continued with the trial after learning successful completion of the program would take eight months. The record does not support the finding of parental fault or that termination is in the child’s best interest. Termination is improper when done solely on grounds that the parent has or has had a substance abuse problem. Reversed and remanded.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: July 6, 2023, Case #: 83605, Categories: Civil Procedure, Family Law, Guardianship
J. Herndon finds the district court properly removed a protected person’s guardian, appointing a new guardian over concerns of the previous guardian’s ability to provide. The protected person’s due process rights were not violated, being there was sufficient notice given and meaningful opportunity for the protected person to be heard. Substantial evidence supports the changing of the guardian. There was insufficient evidence supporting the protect person’s petition to control her interactions with others. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: July 6, 2023, Case #: 83967, Categories: Family Law, Due Process, Guardianship
J. Bell finds the district court improperly denied the news website owner’s petition for a writ of mandamus compelling the police department to disclose a report as to its investigation of its sweep of a homeless encampment. An affidavit provided by the police department asserts conclusions as to the potential effect of disclosing the full report but doesn’t explain why the records are confidential. Officers’ faces may remain redacted from video footage as the relevant statute provides that “any photograph of a peace officer … [is] not public information.” Affirmed in part. Reversed in part and remanded.
Court: Nevada Supreme Court, Judge: Bell, Filed On: June 15, 2023, Case #: 84389, Categories: Public Record, Police Misconduct
J. Parraguirre finds the district court properly dismissed this home foreclosure dispute brought by the borrower. The second mortgage is both a negotiable instrument and a promissory note, entitling the loan servicer and trustee to enforce the document under Nevada Commercial Code. The court’s error in finding that the property, held in the name of the borrower’s trust, is not owner-occupied and so not subject to foreclosure requirements affecting owner-occupied housing is harmless. Affirmed.
Court: Nevada Supreme Court, Judge: Parraguirre, Filed On: May 18, 2023, Case #: 83176, Categories: Property, Trusts, Banking / Lending