Nevada Case Commentaries

New Precedent on Jury Instructions for Premeditation Establishes Prospective Application: NIKA v. STATE of Nevada

Date: Jan 1, 2009

New Precedent on Jury Instructions for Premeditation Establishes Prospective Application: NIKA v. STATE of Nevada Introduction The case of Avram Nika v. The State of Nevada (124 Nev. 1272)...

Nevada Supreme Court Reaffirms Strict Standards for Unauthorized Practice of Law under RPC 5.5

Date: Dec 25, 2008

Nevada Supreme Court Reaffirms Strict Standards for Unauthorized Practice of Law under RPC 5.5 Introduction The Supreme Court of Nevada delivered a landmark decision on December 24, 2008, in the...

Mandating Written Jury Instructions for Bifurcated Trials in Capital Cases: Valdez v. Nevada

Date: Nov 27, 2008

Mandating Written Jury Instructions for Bifurcated Trials in Capital Cases: Valdez v. Nevada Introduction James Menor Valdez appealed his conviction for first-degree murder and attempted murder to...

Individual Managers Not Personally Liable for Unpaid Wages Under NRS Chapter 608: Nevada Supreme Court Upholds Corporate Veil

Date: Nov 27, 2008

Individual Managers Not Personally Liable for Unpaid Wages Under NRS Chapter 608: Nevada Supreme Court Upholds Corporate Veil Introduction In the landmark case Thelma Boucher; Ardith Ballard; Joseph...

Reaffirming Harmless-Error Review in Stromberg Scenarios: Insights from Cortinas v. State of Nevada

Date: Oct 31, 2008

Reaffirming Harmless-Error Review in Stromberg Scenarios: Insights from Cortinas v. State of Nevada Introduction Armand Cortinas, Jr. v. The State of Nevada, 124 Nev. 1013 (2008), presents a pivotal...

Affirmative Misrepresentation Exception to Voluntariness of Guilty Plea Recognized – Manuela Rubio v. State of Nevada

Date: Oct 31, 2008

Affirmative Misrepresentation Exception to Voluntariness of Guilty Plea Recognized – Manuela Rubio v. State of Nevada Introduction In Manuela Rubio v. State of Nevada (124 Nev. 1032, 2008), the...

Clarifying Claim Preclusion: Nevada Supreme Court's Affirmation in Five Star Capital Corp. v. Michael Ruby

Date: Oct 31, 2008

Clarifying Claim Preclusion: Nevada Supreme Court's Affirmation in Five Star Capital Corp. v. Michael Ruby Introduction The case of Five Star Capital Corporation v. Michael W. Ruby represents a...

Supreme Court of Nevada Affirms Absence of Private Cause of Action Under NRS 608.160: Emphasis on Administrative Enforcement

Date: Oct 10, 2008

Supreme Court of Nevada Affirms Absence of Private Cause of Action Under NRS 608.160: Emphasis on Administrative Enforcement Introduction The case of Daniel Baldonado and Joseph Cesarz v. Wynn Las...

Recognition of Contractor’s License as Intangible Property Subject to Conversion Claims under Nevada Law

Date: Oct 3, 2008

Recognition of Contractor’s License as Intangible Property Subject to Conversion Claims under Nevada Law Introduction The Supreme Court of Nevada in M.C. Multi-Family Development, L.L.C. v. Crestdale...

Compulsory Psychiatric Examinations in Self-Defense Claims: Insights from Mitchell v. Nevada

Date: Sep 19, 2008

Compulsory Psychiatric Examinations in Self-Defense Claims: Insights from Mitchell v. Nevada Introduction The case of Donald Mitchell, aka Donald E. Mitchell, Jr. v. The State of Nevada concerns the...

Clarifying Punitive Damages and Compensatory Limits in Foreclosure Missteps: Countrywide Home Loans v. Thitchener

Date: Sep 12, 2008

Clarifying Punitive Damages and Compensatory Limits in Foreclosure Missteps: Countrywide Home Loans v. Thitchener Introduction The case of Countrywide Home Loans, Inc. v. Gerald Thitchener is a...

Nevada Supreme Court Establishes Clear Boundaries on Term Limits for Elected Officials

Date: Jul 26, 2008

Nevada Supreme Court Establishes Clear Boundaries on Term Limits for Elected Officials Introduction In the landmark case Secretary of State v. Burk et al., the Supreme Court of Nevada addressed...

Admissibility of Biomechanical Expert Testimony: Hallmark v. Tradewinds Construction

Date: Jul 25, 2008

Admissibility of Biomechanical Expert Testimony: Hallmark v. Tradewinds Construction Introduction The case of Debra Hallmark, as Personal Representative for Carrie Hallmark, Deceased, Appellant, v....

Nevada Supreme Court Reaffirms Non-Retroactivity of Ameliorative Sentencing Amendments

Date: Jul 25, 2008

Nevada Supreme Court Reaffirms Non-Retroactivity of Ameliorative Sentencing Amendments Introduction In the landmark case of The State of Nevada v. Denver Dean Pullin (124 Nev. 564), the Supreme Court...

Batson Violations and Improper Character Evidence in Diomampo v. State of Nevada

Date: Jun 13, 2008

Batson Violations and Improper Character Evidence in Diomampo v. State of Nevada Introduction Diomampo v. The State of Nevada (124 Nev. 414) is a landmark decision by the Supreme Court of Nevada...

Reaffirming Established Standards: Milko v. Levinson and the Rebuttable Presumption in Workers' Compensation Claims

Date: May 30, 2008

Reaffirming Established Standards: Milko v. Levinson and the Rebuttable Presumption in Workers' Compensation Claims Introduction In the landmark case of Law Offices of Barry Levinson, P.C. v. Sheila...

Scope of Additional Insured Endorsements: Coverage for Independent Negligence

Date: May 30, 2008

Scope of Additional Insured Endorsements: Coverage for Independent Negligence Introduction In the landmark case Federal Insurance Company v. American Hardware Mutual Insurance Company, the Supreme...

Admissibility of Interjurisdictional Wiretapped Evidence and Prior Bad Acts: McLellan v. Nevada

Date: May 2, 2008

Admissibility of Interjurisdictional Wiretapped Evidence and Prior Bad Acts: McLellan v. Nevada Introduction In the landmark case of Curt McLellan v. The State of Nevada, the Supreme Court of Nevada...

Precondemnation Damages: Expanding Legal Remedies in BUZZ STEW, LLC v. CITY OF NORTH LAS VEGAS

Date: Apr 18, 2008

Precondemnation Damages: Expanding Legal Remedies in BUZZ STEW, LLC v. CITY OF NORTH LAS VEGAS Introduction The case of Buzz Stew, LLC v. City of North Las Vegas represents a significant development...

Limited Duty Rule Affirmed in Spectator Injury: Turner v. Mandalay Sports Entertainment, LLC

Date: Apr 18, 2008

Limited Duty Rule Affirmed in Spectator Injury: Turner v. Mandalay Sports Entertainment, LLC Introduction Turner v. Mandalay Sports Entertainment, LLC is a pivotal case adjudicated by the Supreme...