Search Summaries

Recent Supreme Court Summaries

Civil Procedure
Summary: Whether issue and/or claim preclusion can prevent an heir from asserting a wrongful-death claim under NRS 41.085(4) when the decedent’s estate had previously attempted but failed to succeed on a wrongful death claim under NRS 41.085(5).
Constitutional Law
Summary: The Court determined (1) whether the district court properly granted summary judgment in a complaint alleging unconstitutional retaliation in violation of the inmate’s First Amendment rights, and (2) whether the proper test to determine whether retaliatory actions “chill” protected First Amendment speech is objective or subjective. Summary by Kelsey Bernstein.
Evidence
Summary: The Court determined three issues: (1) whether there was sufficient evidence to support a conviction of first-degree murder by child abuse; (2) whether NRS 51.345 is constitutional; and (3) whether NRS 51.345 was properly applied by the trial court to exclude testimony in this case.
Administrative Law
Summary: The Court determined two issues: 1) whether NRS 233B.135 of the Nevada Administrative Procedure Act sets out a standard of judicial review or a standard of proof, and 2) what standard of proof is required for state agencies in adjudicative hearings in the absence of a specific statutory mandate. Summary by Danielle Barraza.
Constitutional Law
Summary: The Court determined (1) whether a police officer’s citation to an incorrect statute is a mistake of law that invalidates an investigatory traffic stop under the Fourth Amendment, and (2) whether a failure to identify and argue a statute in an opposition to a motion to suppress constitutes a waiver of that argument in the motion’s hearing.
Criminal Law and Procedure
Summary: The Court determined whether a person who is serving a sentence of lifetime supervision may challenge that sentence by filing a post-conviction petition for a writ of habeas corpus. Summary written by Kylee Gloeckner.
Criminal Law and Procedure
Summary: The Court clarified two issues: [1] whether battery is justifiable in self-defense under the same conditions that would justify homicide, and [2] when proposed jury instructions should be accepted by the trial court regarding justifiable battery.
Civil Procedure
Summary: The Court clarified two issues: (1) Sandy Valley Associates v. Sky Ranch Estates Owners Association’s and Horgan v. Felton’s effect on the law regarding the recovery of attorney fees as special damages; and (2) the extent to which Horgan retreated from Sandy Valley’s discussion about the grounds for recovering attorney fees as special damages.
Legal Ethics
Summary: The Court was asked to decide the appropriate standard for determining when the entire Clark County District Attorney’s office should be disqualified for an individual prosecutor’s conflict – an appearance-of-impropriety standard or if a more appropriate standard exists.
Civil Procedure
Summary: The Court determined two issues:1) whether NRCP 41(e)’s provision requiring dismissal for want of prosecution applies to an action in which the parties entered into a written and signed settlement agreement before NRCP 41(e)’s five-year deadline expired; and 2) whether the district court erred in reducing the parties’ settlement agreement to judgment. Summary written by Laura Guidry.
Insurance Law
Summary: The Court determined whether NRS 687B.145(3), which provides that a motor vehicle insurer must offer its insured the option of purchasing medical payment coverage, requires written rejection of medical coverage by the insured to be valid.
Miscellaneous
Summary: The Court determined five issues: (1) Whether the partnership-by-estoppel statute may impose liability when there is representation of a joint venture rather than a partnership; (2) Whether consent may be manifested expressly or may be fairly implied from conduct; (3) Whether the phrase “given credit” is limited to the extension of financial credit; (4) Whether the reliance on the representation of a partnership or joint venture must be reasonable; and (5) Whether the statute may impose liability in claims that do not sound in contract.
Constitutional Law
Summary: The Court determined whether the “substantial-and-bona-fide-dispute” requirement under NRS 50.315(6) violated the Confrontation Clause, given the U.S. Supreme Court’s recent decision in Melendez-Diaz v. Massachusetts.
Civil Procedure
Summary: The Court determined three issues, whether the district court abused its discretion by: (1) denying a motion for a new trial due to claims of attorney misconduct; (2) not granting sanctions under NCRP 68 and NRS 17.115 ; and/or (3) not considering apportioning sanctions.
Miscellaneous
Summary: The Court determined three issues: (1) whether a judge must suffer actual prejudice before challenging the investigative actions of the Nevada Commission on Judicial Discipline; (2) whether the investigatory stage of judicial discipline proceedings provide fewer due process protections than the adjudicatory stage; and (3) whether the state’s public policy of favoring confidentiality in initial judicial discipline proceedings outweighs the public policies to keep government open and the public informed, even when a judge seeks to dismiss the proceedings against him.