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  • Commentaries
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Nevada Case Commentaries

Post‑Offer Interest Applies to Punitive Damages; “Genuine Dispute” Folded into Nevada Bad‑Faith Standard and May Defeat Refusal‑to‑Defend Claims; Unfair Insurance Practices Liability Limited to Insurers — Commentary on Olson v. Mid‑Century Ins. Co. (Nev. 2025)

Post‑Offer Interest Applies to Punitive Damages; “Genuine Dispute” Folded into Nevada Bad‑Faith Standard and May Defeat Refusal‑to‑Defend Claims; Unfair Insurance Practices Liability Limited to Insurers — Commentary on Olson v. Mid‑Century Ins. Co. (Nev. 2025)

Date: Sep 9, 2025
Post‑Offer Interest Applies to Punitive Damages; “Genuine Dispute” Folded into Nevada Bad‑Faith Standard and May Defeat Refusal‑to‑Defend Claims; Unfair Insurance Practices Liability Limited to...
Harvey v. City of Reno: Abutter Access Is Limited to Easement by Necessity; No Prescriptive Rights Against the State; and Courts May Judicially Notice Recorded Highway Records on a Motion to Dismiss

Harvey v. City of Reno: Abutter Access Is Limited to Easement by Necessity; No Prescriptive Rights Against the State; and Courts May Judicially Notice Recorded Highway Records on a Motion to Dismiss

Date: Sep 9, 2025
Harvey v. City of Reno: Abutter Access Is Limited to Easement by Necessity; No Prescriptive Rights Against the State; and Courts May Judicially Notice Recorded Highway Records on a Motion to Dismiss...
Nevada Supreme Court bars “comparable verdicts” in excessive-damages review and reaffirms full contingency-fee recovery under NRCP 68: Bellomo v. Roybal

Nevada Supreme Court bars “comparable verdicts” in excessive-damages review and reaffirms full contingency-fee recovery under NRCP 68: Bellomo v. Roybal

Date: Sep 9, 2025
Nevada Supreme Court bars “comparable verdicts” in excessive-damages review and reaffirms full contingency-fee recovery under NRCP 68: Bellomo v. Roybal Introduction In Bellomo v. Roybal, the Supreme...
Due-Weight Rule in Post-Termination Placements: Nevada Supreme Court Reaffirms Courts Must Consider, Not Defer to, DFS Placement Preferences

Due-Weight Rule in Post-Termination Placements: Nevada Supreme Court Reaffirms Courts Must Consider, Not Defer to, DFS Placement Preferences

Date: Aug 31, 2025
Due-Weight Rule in Post-Termination Placements: Nevada Supreme Court Reaffirms Courts Must Consider, Not Defer to, DFS Placement Preferences Case: Destin v. District Court (Handwerker-LaMaster)...
Flat Fees Are Not Earned Upon Receipt in Nevada: Trust-Account Treatment and Termination Duties for Limited-Scope Engagements

Flat Fees Are Not Earned Upon Receipt in Nevada: Trust-Account Treatment and Termination Duties for Limited-Scope Engagements

Date: Aug 31, 2025
Flat Fees Are Not Earned Upon Receipt in Nevada: Trust-Account Treatment and Termination Duties for Limited-Scope Engagements Introduction In In re: Discipline of Hardeep Sull (141 Nev., Advance...
Trust Construction in Nevada Requires Personal Jurisdiction Over the Trustee: In rem authority under NRS 164.010 cannot bypass due process; appointing a registered agent (NRS 14.020) is not consent to suit

Trust Construction in Nevada Requires Personal Jurisdiction Over the Trustee: In rem authority under NRS 164.010 cannot bypass due process; appointing a registered agent (NRS 14.020) is not consent to suit

Date: Aug 31, 2025
Trust Construction in Nevada Requires Personal Jurisdiction Over the Trustee In rem authority under NRS 164.010 cannot bypass due process; appointing a registered agent (NRS 14.020) is not consent to...
Filed Pleadings Protected, Private Gossip Not: Nevada Supreme Court Reaffirms Litigation Privilege as a Complete Bar at Anti‑SLAPP Prong Two and Clarifies NRS 41.637’s “Interested Audience” Requirement

Filed Pleadings Protected, Private Gossip Not: Nevada Supreme Court Reaffirms Litigation Privilege as a Complete Bar at Anti‑SLAPP Prong Two and Clarifies NRS 41.637’s “Interested Audience” Requirement

Date: Aug 31, 2025
Filed Pleadings Protected, Private Gossip Not: Nevada Supreme Court Reaffirms Litigation Privilege as a Complete Bar at Anti‑SLAPP Prong Two and Clarifies NRS 41.637’s “Interested Audience”...
Acosta v. State: Nevada Supreme Court Tightens the Nexus Requirement for Cell-Phone Search Warrants

Acosta v. State: Nevada Supreme Court Tightens the Nexus Requirement for Cell-Phone Search Warrants

Date: Aug 25, 2025
Acosta v. State: Nevada Supreme Court Tightens the Nexus Requirement for Cell-Phone Search Warrants 1. Introduction In Acosta (Xavier) v. State, 141 Nev., Adv. Op. 40 (2025), the Nevada Supreme Court...
Clarifying Control: Attorneys Do Not Possess Clients’ Choses in Action for Garnishment under NRS 31.290

Clarifying Control: Attorneys Do Not Possess Clients’ Choses in Action for Garnishment under NRS 31.290

Date: Aug 25, 2025
Clarifying Control: Attorneys Do Not Possess Clients’ Choses in Action for Garnishment under NRS 31.290 Introduction On 21 August 2025 the Supreme Court of Nevada delivered AZG Limited Partnership v....
“Individualized Waiver” under NRCP 41(e)(2)(B):  Paul v. District Court (Holms)

“Individualized Waiver” under NRCP 41(e)(2)(B): Paul v. District Court (Holms)

Date: Aug 25, 2025
“Individualized Waiver” under NRCP 41(e)(2)(B): The Supreme Court of Nevada Clarifies that a Five-Year Dismissal Waiver Binds Only the Consenting Parties Introduction Case: Paul v. Second Judicial...
Eliminating the “Loaded-and-Operable” Element: Nevada Supreme Court Clarifies Assault-with-a-Deadly-Weapon under NRS 200.471

Eliminating the “Loaded-and-Operable” Element: Nevada Supreme Court Clarifies Assault-with-a-Deadly-Weapon under NRS 200.471

Date: Aug 25, 2025
Eliminating the “Loaded-and-Operable” Element: Nevada Supreme Court Clarifies Assault-with-a-Deadly-Weapon under NRS 200.471 1. Introduction In State v. District Court (Bankhead), 141 Nev., Adv. Op....

Galvin v. State (Nev. 2025):  Non-Disclosure of Witness Emails Is Non-Structural Error Subject to Harmless-Error Review

Galvin v. State (Nev. 2025): Non-Disclosure of Witness Emails Is Non-Structural Error Subject to Harmless-Error Review

Date: Aug 25, 2025
Galvin v. State (Nev. 2025): Non-Disclosure of Witness Emails Is Non-Structural Error Subject to Harmless-Error Review 1. Introduction In Galvin v. State, 86927 (Nev. Aug. 21, 2025), the Supreme...
End of COVID-19 Tolling and Non-Revival of Terminated Directives: A Commentary on Monarch Casino & Resort, Inc. v. District Court (Campbell)

End of COVID-19 Tolling and Non-Revival of Terminated Directives: A Commentary on Monarch Casino & Resort, Inc. v. District Court (Campbell)

Date: Aug 25, 2025
End of COVID-19 Tolling and Non-Revival of Terminated Directives: Supreme Court of Nevada Clarifies Statute-of-Limitations Computation in Monarch Casino & Resort, Inc. v. District Court (Campbell)...
Reyes v. State: Nevada Supreme Court Clarifies that “Intent Not to Return” Is NOT a Separate Element of the Duty-to-Stop Statute

Reyes v. State: Nevada Supreme Court Clarifies that “Intent Not to Return” Is NOT a Separate Element of the Duty-to-Stop Statute

Date: Aug 25, 2025
Reyes v. State: Nevada Supreme Court Clarifies that “Intent Not to Return” Is NOT a Separate Element of the Duty-to-Stop Statute Introduction In Reyes (Fernando) v. State, No. 88011 (Nev. Aug. 21,...
Royal Essex v. Azteca (2025):  Disgorgement as a Fiduciary-Duty Remedy and the Limited Effect of Charter Revocation on LLC Membership Rights

Royal Essex v. Azteca (2025): Disgorgement as a Fiduciary-Duty Remedy and the Limited Effect of Charter Revocation on LLC Membership Rights

Date: Aug 25, 2025
Royal Essex, LLC v. Azteca Real Estate Partners, LLC Nevada Supreme Court, 21 August 2025 Introduction Royal Essex, LLC (“Essex”) was conceived in 2007 to purchase and develop land in the Inspirada...
“Unremembered” Strategy Is Not Enough: Brown v. State (2025) and Nevada’s Refined Ineffective-Assistance Doctrine

“Unremembered” Strategy Is Not Enough: Brown v. State (2025) and Nevada’s Refined Ineffective-Assistance Doctrine

Date: Aug 25, 2025
“Unremembered” Strategy Is Not Enough: Brown v. State (2025) and Nevada’s Refined Ineffective-Assistance Doctrine 1. Introduction Brown v. State, No. 88860 (Nev. Aug. 19, 2025) is a Supreme Court of...
“Pending-Litigation Abeyance” Doctrine: Sullivan v. Baker Ranches and the State Engineer’s Discretion to Suspend Water-Rights Investigations

“Pending-Litigation Abeyance” Doctrine: Sullivan v. Baker Ranches and the State Engineer’s Discretion to Suspend Water-Rights Investigations

Date: Aug 19, 2025
“Pending-Litigation Abeyance” Doctrine: Sullivan v. Baker Ranches and the State Engineer’s Discretion to Suspend Water-Rights Investigations 1. Introduction Case: Sullivan, P.E. v. Baker Ranches,...

        “Hedging Is Not a Concession” – The Nevada Supreme Court Clarifies When Trial Counsel’s Reference to a Lesser-Included Offence Triggers McCoy-Type Error

“Hedging Is Not a Concession” – The Nevada Supreme Court Clarifies When Trial Counsel’s Reference to a Lesser-Included Offence Triggers McCoy-Type Error

Date: Aug 19, 2025
“Hedging Is Not a Concession” – The Nevada Supreme Court Clarifies When Trial Counsel’s Reference to a Lesser-Included Offence Triggers McCoy-Type Error Introduction In Coddington (Ryan) v. Warden,...
Reaffirming the Regulatory Safe Harbor & Contractual Limitations on Utility Customers: Commentary on Garmong v. Sierra Pacific Power Co., Inc.

Reaffirming the Regulatory Safe Harbor & Contractual Limitations on Utility Customers: Commentary on Garmong v. Sierra Pacific Power Co., Inc.

Date: Aug 19, 2025
Reaffirming the Regulatory Safe Harbor & Contractual Limitations on Utility Customers: Commentary on Garmong v. Sierra Pacific Power Company, Inc., Supreme Court of Nevada (2025) 1. Introduction The...
“Water as an Assessment” – The New Rule from Maxwell Trust v. Saticoy Bay LLC (Nev. 2025)

“Water as an Assessment” – The New Rule from Maxwell Trust v. Saticoy Bay LLC (Nev. 2025)

Date: Aug 19, 2025
“Water as an Assessment”: The Supreme Court of Nevada Recognizes Utility Charges as Lien-Triggering Assessments under NRS 116.3116 Introduction Maxwell Trust v. Saticoy Bay LLC Series 3414 Big Sur,...
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