29 results for 'judge:"Cadish "'.
J. Cadish finds the district court properly affirmed and adopted the juvenile master's recommendations to impose formal probation conditions on the juvenile. The relevant statute does not create a separation of powers issue because the court's ability to dismiss a petition and refer a juvenile to probation is not a sentencing decision, and so does not encroach on the court's sentencing discretion. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 28, 2024, Case #: 86035, Categories: Constitution, Juvenile Law
J. Cadish finds the district court, in its divorce decree, improperly determined the husband's law firm, established prior to the marriage, was entirely community property. Uncontested evidence shows the firm was a continuation of the original separate property law practice and the presumption of community property does not apply. The court's refusal to award alimony, though, is based on the erroneous community property determination. Reversed in part.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 21, 2024, Case #: 84998, Categories: Family Law, Property, Contract
J. Cadish finds the county court improperly excluded evidence in its determination of the value of land taken for a power line easement. The court improperly excluded the owner and its expert's opinion of value and evidence of what the Nevada Department of Transportation paid to the previous landowner for a similar taking from the same parcel. The opinions were not solely based on evidence the court deemed inadmissible but also on market values and general knowledge of commercial real estate and multifamily-home land values in Las Vegas. Reversed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 21, 2024, Case #: 84692, Categories: Evidence, Property
J. Cadish denies the Nevada Bar's petition for reciprocal discipline of Jeffrey Gray Thomas, who was disbarred in California. The attorney was disbarred for multiple counts of professional misconduct related to filings, as well as threats made to opposing counsel. In Nevada, he failed to self-report his disbarment in California, as required. The discipline is not warranted because disbarment in Nevada is not equivalent to the same in California. Disbarment in Nevada is irrevocable whereas in California a disbarred attorney may seek reinstatement after five years.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 8, 2024, Case #: 87346, Categories: Evidence, Due Process, Attorney Discipline
J. Cadish finds the county court properly ruled in favor of the surgeon in this medical malpractice suit. The patient sustained a femoral nerve injury during a hip replacement and filed this suit alleging negligence and lack of informed consent. Though the patient says that certain expert testimony containing legal fallacies should not have been allowed, a doctor stating the surgery was properly completed, and the injury happened incidentally is not a legal fallacy. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 23, 2024, Case #: 85163, Categories: Negligence, Experts, Medical Malpractice
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J. Cadish finds the trial court properly convicted defendant for murder. After the victim texted defendant regarding an impending drug deal, a distinctively identifiable BMW, later found to belong to defendant, arrived at the victim's location. The driver of the BMW shot into the victim's vehicle's window, and the victim was later found to be deceased. An associate of defendant's also identified him as the shooter. Evidence from another murder investigation involving defendant was relevant due to the similarity of the events. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 13, 2024, Case #: 85784, Categories: Drug Offender, Evidence, Murder
J. Cadish finds the district court properly granted the plastic surgeon's motion for a preliminary injunction. The doctor sought the injunction to prevent a former employer from enforcing a noncompete clause and presented sufficient evidence to show entitlement to relief from enforcement of the overbroad clause. His previous employer's customers were primarily from a different city where the doctor intended to open his private practice. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 13, 2024, Case #: 85288, Categories: Contract, Injunction
J. Cadish finds the trial court properly convicted defendant for burglary, assault on a protected person with a deadly weapon and related charges. Defendant was shot by police during the robbery of a pawn shop, sustaining injuries that left him unable to speak. He was allowed to defend himself, the court using corrections officers to read his written statements. Though the court failed to provide defendant with an interpreter, this does not warrant reversal due to the evidence supporting conviction. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 13, 2024, Case #: 84724, Categories: Burglary, Kidnapping, Due Process
J. Cadish denies the state bar's petition for an order suspending J. Taylor Oblad pending the resolution of disciplinary proceedings. The attorney denies intentionally taking client funds but acknowledges irregularities in his trust account. He says he should not be suspended but should have restrictions placed on his handling of funds. The court concludes the attorney does not pose a threat of serious harm to the public and that suspension is not warranted. Discipline, though, will include that the attorney must not engage in the solo practice of law, and must obtain a forensic review of his trust account by a CPA.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 9, 2024, Case #: 87721, Categories: Accounting Malpractice, Attorney Discipline
J. Cadish finds the disciplinary panel properly recommends a 6-month suspension of David L. Mann. Record testimony of his paralegal shows she handled cases without him. Client testimony shows that continuances of hearings due to the attorney's lack of diligence affected her custody and bankruptcy cases. The attorney also testified he could not handle the custody case without his paralegal.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 9, 2024, Case #: 86549, Categories: Evidence, Attorney Discipline
J. Cadish finds the district court properly denied attorney fees for the appellate counsel. After the dentist sued the law firm for defamation, the law firm's special anti-SLAPP motion to dismiss was denied. The district court then entered summary judgment in favor of the law firm, awarding its trial counsel attorney fees, yet denying fees for its appellate counsel. The denial was based on the unsuccessful outcome of the anti-SLAPP appeal. All necessary factors were properly considered, and no abuse of discretion is found. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: January 22, 2024, Case #: 83213, Categories: Anti-slapp, Defamation, Attorney Fees
[Consolidated] J. Cadish finds the district court improperly dismissed these personal injury claims. The cab company offered the injured party the amount of $150,00, plus costs and fees, in order to obtain a stipulated dismissal. Though the company gave the injured party a check for the agreed-upon amount, it did not pay fees and costs. Reversed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: January 4, 2024, Case #: 84647, Categories: Damages, Negligence, Attorney Fees
J. Cadish finds the district court properly dismissed a petition for judicial review filed by a concealed carry permit applicant whose permit was revoked after a DUI conviction. The sheriff's application of the DUI statute preventing concealed carry certification for those convicted of DUI within the last five years shows no clear error, abuse of discretion or lack of evidence. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: December 29, 2023, Case #: 85293, Categories: Weapons, Dui, Due Process
[Consolidated] J. Cadish reinstates briefing on certain of the eight consolidated appeals from various judgments in this contract and tort action. Once briefed, the remaining appeals shall be clustered based on related subject matter. Certain appeals are dismissed, as they concern interlocutory orders in the receivership proceeding.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: December 29, 2023, Case #: 85915, Categories: Tort, Contract
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
[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. 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. 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
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. 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. Cadish finds the district court improperly terminated the minor child���s guardianship with his maternal grandmother after being removed from his mother when he tested positive for meth at birth. The termination investigation centered on the death of the child���s twin brother, which CPS originally claimed happened within a few days of the grandmother���s guardianship. The grandmother had the children for several months before the child���s death and no charges were brought after the death was found to have been caused by positional asphyxiation while the child slept. The district court did not give proper notice that it was considering termination such that the parties had a meaningful opportunity to be heard. The court failed to follow due process. Reversed and remanded with directions.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: September 28, 2023, Case #: 84274, Categories: Family Law, Due Process, Guardianship
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. 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