25 results for 'judge:"Herndon"'.
[Consolidated.] J. Herndon finds the district court properly determined a per se regulatory taking occurred, awarding $48 million to the landowner. The city adopted a plan reclassifying ranch land as allowing for "residential densities," along with a golf course. The owner's efforts to develop the property were rendered futile by the city's actions, supporting that the regulatory taking occurred. The court properly relied on the owner's expert's valuation to determine just compensation, and the city did not challenge the valuation or provide an alternative. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: April 18, 2024, Case #: 84345, Categories: Administrative Law, Environment, Property
J. Herndon grants the hospital's petition for a writ of prohibition challenging the district court's order compelling discovery. The hospital was sued for negligence by the guardian of the premature baby who suffered developmental issues while being treated. Though the guardian's motion seeking information found by the hospital's internal investigation was granted, patient safety work product is privileged from discovery in civil proceedings under the Patient Safety and Quality Improvement Act, and cannot be waived.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: March 7, 2024, Case #: 85844, Categories: Discovery, Medical Malpractice, Privilege
J. Herndon finds the trial court improperly declared a mistrial. Defendant, charged with multiple offenses based on an alleged sexual assault, asserted his right to confrontation was violated after the alleged victim cut off contact with the court and failed to appear. Defendant sought dismissal, and the record does not show he consented to the declaration of mistrial. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 27, 2024, Case #: 85695, Categories: Sex Offender, Due Process
J. Herndon finds the trial court properly determined the purchaser of a herd of buffalo breached the contract. The purchaser, on a handshake deal, agreed to pay a business partner a finder's fee for buffalo recently purchased. After final orders were delivered to the purchaser, the partner received no follow-up communication. The record contains substantial evidence of actions the partner undertook to earn the commission. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 27, 2024, Case #: 84617, Categories: Property, Contract
J. Herndon grants a reporter's petition for a writ of mandamus challenging local rules of access to child custody proceedings. The reporter's access was denied due to the father's request the court seal the record. A court's failure to consider whether to close on a case-by-case basis falls short of the requirement that closure be tailored to serve a compelling interest. Because family law proceedings are presumptively open and the local rules at question preclude the court from applying the case-by-case balancing test, they are unconstitutional.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 15, 2024, Case #: 85195, Categories: Constitution, Family Law, Public Record
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J. Herndon finds the trial court properly convicted defendant for first-degree murder with a deadly weapon. Surveillance video shows defendant stabbed the victim in the neck on a Las Vegas street. Defendant fails to support his argument the victim threatened him with a gun, and an emotional outburst by the victim's family during a viewing of the video is no basis for mistrial or curative instruction. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 15, 2024, Case #: 86208, Categories: Evidence, Murder, Jury Instructions
J. Herndon finds the district court improperly denied the former mayor's anti-SLAPP special motion to dismiss a former city manager's tortious interference with employment and civil conspiracy claims arising from her alleged wrongful termination. The district court considered only communications made by the mayor in a public forum, according to the relevant statute, without considering whether another section of the statute applied. Private conversations about an issue of public concern may be protected by anti-SLAPP statutes, and the court did not consider whether certain communications at issue were made in good faith. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 6, 2024, Case #: 84442, Categories: Anti-slapp, Employment, Government
J. Herndon finds the trial court properly granted summary judgment to the wife of the gambling strategies publisher. The casino systems manufacturer accused the publisher of redirecting funds through his wife as part of its complex claims including RICO, conspiracy, conversion, and unjust enrichment brought against several entities and individuals. The manufacturer's evidence is insufficient to raise an issue of genuine material fact the wife was engaged in civil conspiracy unrelated to a kickback scheme. Affirmed in part.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 85618, Categories: Fraud, Conversion, Racketeering
J. Herndon finds the county court properly dismissed this child custody complaint. The child was born in the Philippines to a Filipino mother and an American father. The father sought custody in the U.S. after the parents' relationship dissolved. Though the father has presented evidence the child has spent time in the U.S., her home state under the Uniform Child Custody Jurisdiction and Enforcement Act was properly found to be the Philippines. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 86347, Categories: Family Law, International Law, Guardianship
J. Herndon finds the trial court properly convicted defendant for lewdness with a 12-year-old boy and luring children with the intent to engage in sexual conduct. Ample evidence, including text messages in which defendant professed his love for the boy, and the boy's testimony that defendant told him he was discharged from the military for being a pedophile, support the conviction and were properly admitted. Defendant's neighbor also testified defendant barged into his home in search of the boy. All evidence was properly admitted, including that of prior bad acts and surrounding events. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 84957, Categories: Evidence, Sex Offender, Child Victims
[Consolidated] J. Herndon finds the trial court improperly denied the injured party's request for added damages after he was awarded damages for a spinal injury and a surgery precipitated by a collision with a semi-truck. The jury's award did not account for a second surgery necessitated by a previously placed screw having come loose. Reversed in part.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 85368 , Categories: Tort, Vehicle, Damages
J. Herndon dismisses the appeal for counsel's failure to timely file the docketing statement after several notices from the court. The eventual docketing statement that was filed was not in the proper format and the attorney is referred to the state bar for the investigation of his violation of the diligence rule.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 19, 2024, Case #: 86639, Categories: Due Process, Attorney Discipline
J. Herndon finds the trial court properly convicted defendant for two counts of first-degree murder with a deadly weapon. Defendant was charged after he reported his having fatally shot his 70-year-old neighbor and her friend. Though defendant had a tumultuous relationship with the victims for many years, substantial evidence, including surveillance video, supports the finding that defendant shot the unarmed victims in the head during an argument, while no evidence supports his claims of self-defense. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: December 27, 2023, Case #: 85120, Categories: Evidence, Murder, Prosecutorial Misconduct
[Consolidated] J. Herndon finds the trial court properly found in favor of the insured in a car collision-related dispute. The insurer failed to properly investigate the accident, and the jury's finding, based on substantial evidence, will not be overturned. Although the $150,000 in compensatory stands, the more than $1 million in punitive damages must be reversed because the trial court improperly allowed irrelevant testimony regarding other lawsuits against the company. Reversed in part.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: December 27, 2023, Case #: 85090, Categories: Evidence, Insurance, Contract
[Consolidated] J. Herndon finds the trial court improperly entered a complex post-judgment order involving the patient's motion to retax and settle costs, and denying the doctor's motion for attorney fees. The patient whose uterine and intestinal walls were perforated during a hysteroscopy challenges the court's decision to admit evidence of her informed consent. The doctor was incorrectly allowed to present evidence involving informed consent when the patient did not raise a claim based on lack of consent. Though assumption-of-risk evidence may be relevant in certain cases, the defense is improper where consent is uncontested. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: December 21, 2023, Case #: 84492, Categories: Evidence, Medical Malpractice, Attorney Fees
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
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. 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
[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. 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. 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