Supreme Court of Nevada Decisions 2023
Date: December 28, 2023
Citation: 139 Nev. Adv. Op. No. 60
Docket Number: 85214
Justia Opinion Summary: The Supreme Court of Nevada upheld a judgment from a lower court in a case involving extortion claims related to cryptocurrency. The case involves Christopher Terry, who sued Ava Blige, alleging she extorted…
Date: December 28, 2023
Citation: 139 Nev. Adv. Op. No. 59
Docket Number: 85271
Justia Opinion Summary: The Supreme Court of Nevada reviewed a case involving appellant David McCord, who was stopped by law enforcement due to a license plate frame partially covering the word "NEVADA." Law enforcement subsequently found…
Date: December 21, 2023
Citation: 139 Nev. Adv. Op. No. 56
Docket Numbers: 84492, 84881, 83847
Justia Opinion Summary: In a medical malpractice lawsuit, Kimberly Taylor claimed that Dr. Keith Brill breached the accepted standard of medical care by causing damage during her surgery. The Supreme Court of Nevada found that the lower court…
Date: December 21, 2023
Citation: 139 Nev. Adv. Op. No. 57
Docket Number: 84655
Justia Opinion Summary: In a contentious guardianship case involving Kathleen June Jones, the court appointed a guardian ad litem (GAL), attorney Elizabeth Brickfield, to aid in determining Jones's best interests. The GAL filed a notice of…
Date: November 30, 2023
Citation: 139 Nev. Adv. Op. No. 53
Docket Number: 84679
Justia Opinion Summary: The Supreme Court reversed the order of the district court concluding that the claims against Appellant did not fall within the categories of claims subject to Nevada's anti-SLAPP statutes without further analysis,…
Date: November 30, 2023
Citation: 139 Nev. Adv. Op. No. 52
Docket Numbers: 84848, 83640
Justia Opinion Summary: In the underlying breach of contract action the Supreme Court affirmed the orders of the district court denying Appellants relief under Nev. R. Civ. P. 60(b)(1), Nev. R. Civ. P. 60(b)(5) and Nev. R. Civ. P. 60(b)(6)…
Date: November 22, 2023
Citation: 139 Nev. Adv. Op. No. 50
Docket Number: 85161
Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing the underlying tort action for failure to timely effect service of process, holding that the district court did not abuse its discretion in denying a…
Date: November 16, 2023
Citation: 139 Nev. Adv. Op. No. 48
Docket Number: 84142
Justia Opinion Summary: The Supreme Court reversed the order of the district court as to Appellants' motions to compel arbitration and remanded the case, holding that "where the nonsignatory seeking to compel arbitration demonstrates both the…
Date: November 2, 2023
Citation: 139 Nev. Adv. Op. No. 47
Docket Number: 85249
Justia Opinion Summary: The Supreme Court reversed the order of the district court enforcing a noncompete covenant against three of its former employees (collectively, Respondents) on the basis that the covenant was unenforceable due to…
Date: October 12, 2023
Citation: 139 Nev. Adv. Op. No. 45
Docket Number: 84161
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing the complaint brought by a first deed of trust holder against its title insurance company for breach of contract and related claims, holding that…
Date: September 28, 2023
Citation: 139 Nev. Adv. Op. No. 42
Docket Number: 83622
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the district court accepting Appellant's plea of no contest to two counts of attempted lewdness with a child and imposed the special condition of…
Date: September 28, 2023
Citation: 139 Nev. Adv. Op. No. 43
Docket Number: 83830
Justia Opinion Summary: The Supreme Court affirmed the decision of the district court granting summary judgment in favor of the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources and…
Date: September 28, 2023
Citation: 139 Nev. Adv. Op. No. 37
Docket Number: 84081
Justia Opinion Summary: The Supreme Court affirmed the order of the district court dismissing Appellant's complaint alleging that Nev. Rev. Stat. 176.355, Nevada's statute providing that an execution must be effectuated by injection of a lethal…
Date: September 28, 2023
Citation: 139 Nev. Adv. Op. No. 38
Docket Number: 84274
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court sua sponte deciding to remove a protected minor's guardian and terminate the minor's guardianship based upon an ex parte communication, holding that the…
Date: September 28, 2023
Citation: 139 Nev. Adv. Op. No. 39
Docket Number: 84685
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court in this child custody matter, holding that when parents with court-ordered joint legal custody of a minor child disagree on medical decisions concerning that…
Date: September 28, 2023
Citation: 139 Nev. Adv. Op. No. 40
Docket Number: 85111
Justia Opinion Summary: The Supreme Court denied writ relief in this writ proceeding, holding that Petitioners failed to demonstrate that the law requires the district court to dismiss this private action such that writ relief is warranted. At…
Date: September 21, 2023
Citation: 139 Nev. Adv. Op. No. 34
Docket Number: 83942
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Appellant's petition for judicial review of the denial of her appeal of her suspension from her position as a correctional officer, holding that when…
Date: September 21, 2023
Citation: 139 Nev. Adv. Op. No. 36
Docket Number: 83945
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court compelling an estate's claims to arbitration pursuant to an arbitration agreement signed during the decedent's admission to El Jen Convalescent Hospital and…
Date: September 21, 2023
Citation: 139 Nev. Adv. Op. No. 35
Docket Number: 86108
Justia Opinion Summary: The Supreme Court denied the writ petition filed by Petitioner challenging the decision of the Las Vegas Municipal Court denying Petitioner's request for attorney fees and litigation expenses after criminal charges…
Date: September 14, 2023
Citation: 139 Nev. Adv. Op. No. 30
Docket Number: 83859
Justia Opinion Summary: The Supreme Court affirmed the order of the district court declining to backdate the parties' marriage in this case to the date they would have been married but for Nevada's unconstitutional ban on same-sex marriage,…
Date: September 14, 2023
Citation: 139 Nev. Adv. Op. No. 31
Docket Number: 84304
Justia Opinion Summary: The Supreme Court affirmed the ruling of the district court that Appellant, a bank, did not comply with Nev. Rev. Stat. 17.214(3) in seeking to collect on a renewed judgment, holding that the district court did not…
Date: September 14, 2023
Citation: 139 Nev. Adv. Op. No. 32
Docket Number: 84986
Justia Opinion Summary: The Supreme Court held that a commercial property insurance policy did not provide coverage for the economic losses JGB Vegas Retail Lessee, LLC suffered when COVID-19 forced JGB to shut down abruptly. JGB was insured…
Date: September 14, 2023
Citation: 139 Nev. Adv. Op. No. 33
Docket Numbers: 85399, 85400
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court granting Defendant's motion to dismiss the charge against him for violation of his due process rights, holding that Defendant's due process rights were…
Date: September 7, 2023
Citation: 139 Nev. Adv. Op. No. 29
Docket Number: 85155
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing a petition for judicial review challenging a decision by the Nevada Employment Security Division's (NESD) Board of Review, holding that, based on…
Date: August 31, 2023
Citation: 139 Nev. Adv. Op. No. 27
Docket Number: 84086
Justia Opinion Summary: In this appeal from a district court order denying a motion to modify alimony and to reinstate child support the Supreme Court held that the district court erred in finding the it did not have jurisdiction to reinstate…
Date: August 31, 2023
Citation: 139 Nev. Adv. Op. No. 28
Docket Number: 85554
Justia Opinion Summary: The Supreme Court denied Petitioner's petition for a writ of certiorari or mandamus in this matter arising from district court orders holding Petitioner, the Nevada Division of Public and Behavioral Health, in contempt…
Date: August 24, 2023
Citation: 139 Nev. Adv. Op. No. 24
Docket Number: 83316
Justia Opinion Summary: The Supreme Court reversed Defendant's conviction on one lewdness count as redundant to sexual assault involving the same episode but otherwise affirmed his convictions, holding that the two other errors identified by…
Date: August 24, 2023
Citation: 139 Nev. Adv. Op. No. 26
Docket Numbers: 83833, 84257
Justia Opinion Summary: The Supreme Court reversed the portion of the order of the district court granting summary judgment in favor of Buyer in this dispute arising from an ordinary course covenant in an asset purchase agreement, holding that…
Date: August 24, 2023
Citation: 139 Nev. Adv. Op. No. 25
Docket Number: 84174
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court determining that a deed of trust on real property continued to encumber the property, holding that there was no error. LV Debt Collect, which acquired title…
Date: August 17, 2023
Citation: 139 Nev. Adv. Op. No. 22
Docket Numbers: 79658, 80113, 80968
Justia Opinion Summary: The Supreme Court held that, under the Nevada Constitution, both the governor and the Chief Justice may designate temporary substitutes for disqualified justices on the Supreme Court, thus rejecting Appellant's argument…
Date: July 13, 2023
Citation: 139 Nev. Adv. Op. No. 19
Docket Number: 84111
Justia Opinion Summary: The Supreme Court affirmed the order of the district court concluding that an appeals officer erred in denying benefits to the widow and child of an employee who died while on a work trip, holding that there is no…
Date: July 6, 2023
Citation: 139 Nev. Adv. Op. No. 18
Docket Number: 82898
Justia Opinion Summary: The Supreme Court affirmed the order of the district court, certified as final under Nev. R. Civ. P. 54(b), partially dismissing a medical malpractice action for failure to meet the affidavit-of-merit requirement set…
Date: July 6, 2023
Citation: 139 Nev. Adv. Op. No. 16
Docket Number: 83605
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court terminating Father's parental rights to Child, holding that the record did not support the district court's findings of parental fault or that termination of…
Date: July 6, 2023
Citation: 139 Nev. Adv. Op. No. 17
Docket Number: 83967
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying the proposed schedule of June, an adult protected person, in this appeal challenging the court's rulings concerning June's ability to manage familial…
Date: July 6, 2023
Citation: 139 Nev. Adv. Op. No. 15
Docket Number: 84370
Justia Opinion Summary: The Supreme Court answered a certified question by concluding that a series LLC created pursuant to Nev. Rev. Stat. 86.296 must be sued in its own name for the court to obtain jurisdiction over it, so long as the series…
Date: June 15, 2023
Citation: 139 Nev. Adv. Op. No. 14
Docket Number: 84389
Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the district court to deny Appellant's petition for a writ of mandamus pursuant to the Nevada Public Records Act (NPRA) challenging the failure of…
Date: May 18, 2023
Citation: 139 Nev. Adv. Op. No. 13
Docket Number: 83176
Justia Opinion Summary: The Supreme Court affirmed the orders of the district court granting summary judgment and dismissal in favor of a loan servicer and trustee in this case involving a home equity line of credit agreement (HELOC) with a…
Date: May 11, 2023
Citation: 139 Nev. Adv. Op. No. 12
Docket Number: 83481
Justia Opinion Summary: The Supreme Court affirmed the order of the district court denying Clark County Association of School Administrators and Professional-Technical Employees (CCASAPE)'s petition for a writ of prohibition or mandamus…
Date: May 4, 2023
Citation: 139 Nev. Adv. Op. No. 11
Docket Number: 84009
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court dismissing a complaint for forum non conveniens, holding that the district court abused its discretion by granting the motion because the moving parties…
Date: March 30, 2023
Citation: 139 Nev. Adv. Op. No. 8
Docket Number: 82460
Justia Opinion Summary: The Supreme Court reversed the judgment of the district court denying a petition for a writ of mandamus challenging the denial of a records request made pursuant to the Nevada Public Records Act (NPRA), holding that…
Date: March 30, 2023
Citation: 139 Nev. Adv. Op. No. 9
Docket Number: 83335
Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of first-degree murder with the use of a deadly weapon, holding that a district court's invocation of general, as opposed to case-specific, concerns related to the…
Date: March 16, 2023
Citation: 139 Nev. Adv. Op. No. 5
Docket Numbers: 83617, 83617
Justia Opinion Summary: The Supreme Court took the opportunity of this case to clarify that the district court's discretion to determine which costs were necessarily incurred by a prevailing party in awarding expenses the party incurred in its…
Date: March 16, 2023
Citation: 139 Nev. Adv. Op. No. 6
Docket Number: 84520
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court denying Grandparents' petition for visitation after concluding that one of the parents provided them with reasonable visitation, holding that the district…
Date: March 9, 2023
Citation: 139 Nev. Adv. Op. No. 4
Docket Number: 84233
Justia Opinion Summary: The Supreme Court denied Petitioners' original petition for a writ of mandamus or prohibition challenging a district court order striking a peremptory challenge of a judge, holding that if a party waives their right to a…
Date: February 16, 2023
Citation: 139 Nev. Adv. Op. No. 3
Docket Number: 82951
Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court enjoining a regulation to the extent it required insurers to give retroactive premium refunds but otherwise rejecting the lawsuit brought by National…
Date: February 2, 2023
Citation: 139 Nev. Adv. Op. No. 2
Docket Number: 84352
Justia Opinion Summary: The Supreme Court denied Tahican LLC's petition seeking a writ of mandamus affirmed the judgment of the district court denying Tahican LLC's second motion seeking to expunge a lis pendens, holding that the district court…
Date: January 12, 2023
Citation: 139 Nev. Adv. Op. No. 1
Docket Numbers: 83621, 84276
Justia Opinion Summary: The Supreme Court affirmed the judgment of the juvenile court certifying Appellant, a juvenile defendant, to stand trial as an adult, holding that nothing in the 2015 amendment to Nev. Rev. Stat. 201.230 limited the…
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