27 results for 'judge:"Stiglich "'.
J. Stiglich finds the district court improperly granted injunctive relief preventing the Secretary of State from placing an initiative petition on the ballot. The reproductive rights advocacy group's initiative petition would grant individuals the right to make all their own decisions regarding a pregnancy. An opposing group asserted the initiative violated the single-subject requirement, as it considered medical procedures unrelated to pregnancy or abortion. The petition has a single subject of establishing a fundamental right to reproductive freedom. All the provisions are germane or functionally related to that subject. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 87681, Categories: Administrative Law, Elections, Health Care
J. Stiglich finds the district court properly found for the property owner who claims his use of his property was denied. Before either property owners in this dispute acquired their land, a wall had been erected between the properties that did not follow the property line. The owner sought to have the wall removed, and the other owner filed a complaint for a prescriptive easement or adverse possession. Adverse possession could not be established, as the other owner did not pay the property taxes on the disputed property. A prescriptive easement would result in the owner's complete exclusion from the property. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 85305, Categories: Property, Tax
J. Stiglich finds the district court improperly declared several statutes regulating unfinished firearms unconstitutional, granting a permanent injunction against the laws' enforcement. The court found the definition of "unfinished frame or receiver" was impermissibly vague, concluding it did not explain key terms or notify individuals precisely when raw materials became an unfinished frame or receiver. The defining terms have ordinary meanings that provide sufficient notice of what the statutes proscribe. The statutes are general intent statutes that do not lack a scienter requirement and do not pose a risk of arbitrary or discriminatory enforcement. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 83999, Categories: Constitution, Firearms
J. Stiglich grants defendant's petition for mandamus. Defendant pleaded guilty to attempted burglary and was sentenced to probation, but now seeks mandamus to compel the court to set aside the conviction after he completed substance abuse treatment. Relevant statute removes judicial discretion in cases where a defendant fulfills probation conditions for a drug court program.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 28, 2024, Case #: 86982, Categories: Burglary, Drug Offender, Probation
J. Stiglich finds the trial court properly convicted defendant for DUI causing serious bodily harm. Defendant drunkenly lost control of his vehicle and spun into oncoming traffic, striking the victim's vehicle. Defendant fled on foot and the driver and passenger in the other vehicle sustained injuries requiring surgery. Substantial evidence supports the conviction, though the court improperly ordered $10,000 in restitution to a victim's advocacy group without competent evidence. Affirmed in part.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 21, 2024, Case #: 85987, Categories: Evidence, Resisting Arrest, Dui
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[Consolidated] J. Stiglich finds the district court improperly awarded the estate more than $48 million in compensatory and punitive damages. The estate filed a negligence and malpractice suit after the family member died under care at the medical center during a sickle cell crisis. Though attorney fees were properly awarded, hospitals do not owe a fiduciary duty to their patients in connection with medical treatment. Because the breach of fiduciary duty claim fails, the award for punitive damages is reversed. Reversed in part.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 14, 2024, Case #: 79658, Categories: Damages, Fiduciary Duty, Medical Malpractice
J. Stiglich grants the two minor children's petition for mandamus challenging the district court's denial of their grandparents' petition for guardianship. The grandparents sought guardianship, saying the children were exposed to unsafe conditions with their mother, who was living with a partner with whom the children felt unsafe. The court found no emergency existed since the grandparents did not seek guardianship over all four of their daughter's children. As it was the two children who filed the petition, as opposed to the grandparents, the failure to seek temporary guardianship over all four cannot form a basis for the conclusion that no emergency existed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 8, 2024, Case #: 88027, Categories: Family Law, Due Process, Guardianship
[Consolidated] J. Stiglich finds the district court properly dismissed the employee's claims against her employer after she was acquitted from charges of embezzling from the casino. Statements the casino's auditor made to its board of directors regarding the possible embezzlement are protected as matters of public concern, and the court properly dismissed under the anti-SLAPP statute. The statements were not idle gossip, and though the casino is not a public workplace, the employee's alleged actions would likely affect the casino's clientele and people within the community. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 1, 2024, Case #: 85144, Categories: Anti-slapp, Employment
J. Stiglich finds the district court improperly terminated the father's parental rights to his minor child. Although it was reported he had abused his daughter, the abuse was never substantiated. During his incarceration on drug charges and after his release, the father has made progress with all aspects of his case plan and personal recovery. He has maintained consistent employment as a tattoo artist, and is financially capable of caring for his daughter, with whom he shares a significant connection. The district court did not address all necessary statutory considerations. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: January 22, 2024, Case #: 83605, Categories: Family Law, Guardianship
J. Stiglich finds the trial court properly convicted defendant for sexual assault and open or gross lewdness based on sufficient evidence. After a night of drinking, the victim and defendant returned to their hotel room. The victim took half a sleeping pill, fell asleep and awoke later to find defendant on top of her, digitally penetrating her and fondling her breasts, and he did not stop when asked. Exclusion of evidence of the victim's blood alcohol level was not prejudicial. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: January 19, 2024, Case #: 86062, Categories: Evidence, Sex Offender
J. Stiglich finds the trial court improperly convicted defendant for drug trafficking. Defendant was arrested after contraband was found in his vehicle pursuant to a traffic stop for a partially obscured license plate. The license plate frame that partially obscured the word "Nevada" on the plate does not constitute foreign materials within the meaning of the applicable statute. The plate is clearly legible if the required registration information is identifiable. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 28, 2023, Case #: 85271, Categories: Drug Offender, Search
J. Stiglich finds the district court properly entered a default judgment awarding damage for emotional distress and extorted money. The internet company employee threatened to publish the CEO's personal information, extorting money and cryptocurrency. Although the extortion claim was not properly pleaded in the action, the claim is supported by theories of conversion and unjust enrichment.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 28, 2023, Case #: 85214, Categories: Tort, Emotional Distress, Civil Extortion
J. Stiglich denies the board of regent's petition for a writ of mandamus, which seeks to preclude the district court's exercise of jurisdiction over the students' breach of contract and unjust enrichment claims arising from the board's changing of in-person classes to online classes during the Covid-19 pandemic. The district court denied the board's motion to dismiss, emphasizing that though its findings were not conclusive, the students' pleadings were sufficient to defeat the motion pending further discovery.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 22, 2023, Case #: 84859, Categories: Education, Covid-19, Contract
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
[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
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. 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. 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. 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. 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. 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
[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