Nevada Case Commentaries

Establishing Laches as a Limitation on Post-Sentencing Withdrawal of Guilty Plea in Nevada

Date: Jun 15, 2000

Establishing Laches as a Limitation on Post-Sentencing Withdrawal of Guilty Plea in Nevada Introduction In the landmark case of Ralph Laurence Hart v. The State of Nevada (116 Nev. 558, 2000), the...

Byford v. Nevada: Redefining Premeditation and Deliberation in First-Degree Murder Sentencing

Date: Jun 2, 2000

Byford v. Nevada: Redefining Premeditation and Deliberation in First-Degree Murder Sentencing Introduction Robert Byford, the appellant, was convicted of first-degree murder with the use of a deadly...

Recalculation of Damages and Punitive Award Limitations under Nevada's Uniform Trade Secrets Act: Johnson v. Frantz et al.

Date: May 5, 2000

Recalculation of Damages and Punitive Award Limitations under Nevada's Uniform Trade Secrets Act: Johnson v. Frantz et al. 1. Introduction The case of MICHELLE FRANTZ, ANTONIO ACCORNERO, et al.,...

Clarifying Emotional Distress Damages in Assault and Battery Claims: Olivero v. Lowe

Date: Mar 25, 2000

Clarifying Emotional Distress Damages in Assault and Battery Claims: Olivero v. Lowe Introduction Robert Louis Olivero and Montgomery Lowe were involved in a legal dispute that escalated to the...

Constitutionality of NRS 176.0913 Upheld in Gaines v. State of Nevada

Date: Mar 14, 2000

Constitutionality of NRS 176.0913 Upheld in Gaines v. State of Nevada Introduction The case of MELVIN TAYLOR GAINES, Appellant, v. THE STATE OF NEVADA, Respondent (116 Nev. 359) presents a pivotal...

Admissibility of Victim Character Evidence in Self-Defense Claims: Petty v. State of Nevada

Date: Mar 11, 2000

Admissibility of Victim Character Evidence in Self-Defense Claims: Petty v. State of Nevada Introduction Anthony Petty v. The State of Nevada, 116 Nev. 321 (2000), is a landmark decision by the...

Dillard v. Beckwith: Establishing Precedents for Constructive Retaliatory Discharge and Emotional Distress

Date: Feb 23, 2000

Dillard v. Beckwith: Establishing Precedents for Constructive Retaliatory Discharge and Emotional Distress Introduction In the landmark case Dillard Department Stores, Inc. v. Deloris Beckwith,...

Brady Violation in Post-Conviction Habeas Corpus: The MAZZAN v. WARDEN Case

Date: Jan 28, 2000

Brady Violation in Post-Conviction Habeas Corpus: The MAZZAN v. WARDEN Case Introduction John Francis Mazzan, the appellant, was convicted of first-degree murder and sentenced to death by the Supreme...

Expert Witness Qualification Standards and Harmless Error Doctrine Affirmed in Mulder v. Nevada

Date: Jan 19, 2000

Expert Witness Qualification Standards and Harmless Error Doctrine Affirmed in Mulder v. Nevada Introduction Mulder v. Nevada is a pivotal case adjudicated by the Supreme Court of Nevada on January...

Nevada Supreme Court Establishes Strict Criteria for Bystander NIED Claims Based on Family Relationships

Date: Dec 14, 1999

Nevada Supreme Court Establishes Strict Criteria for Bystander NIED Claims Based on Family Relationships Introduction The Supreme Court of Nevada, in the landmark case of Kellie Grotts v. Gertrude...

Establishing Due Diligence Standards for Service of Process: Insights from Abreu v. Gilmer

Date: Oct 21, 1999

Establishing Due Diligence Standards for Service of Process: Insights from Abreu v. Gilmer Introduction The case of Nancy Abreu and Roy Abreu v. Rachel J. Gilmer (No. 31663), decided on October 20,...

Defining Negligent Undertaking Liability in Corporate Structures: The Landmark Dow Chemical v. Mahlum Decision

Date: Jan 1, 1999

Defining Negligent Undertaking Liability in Corporate Structures: The Landmark Dow Chemical v. Mahlum Decision Introduction In Dow Chemical Company v. Charlotte Mahlum and Marvin S. Mahlum, the...

Supreme Court of Nevada Establishes "Substantial Relationship" Test for Governing Law in Warranty Claims: Consolidated Generator-Nevada v. Cummins Engine Company

Date: Dec 30, 1998

Supreme Court of Nevada Establishes "Substantial Relationship" Test for Governing Law in Warranty Claims: Consolidated Generator-Nevada v. Cummins Engine Company Introduction In the landmark case of...

Nevada Supreme Court Sets Precedent on Insurance Bad Faith and Unfair Claims Practices in Wohlers v. Bartgis

Date: Dec 10, 1998

Nevada Supreme Court Sets Precedent on Insurance Bad Faith and Unfair Claims Practices in Wohlers v. Bartgis Introduction In the landmark case Albert H. Wohlers and Co. and North American Life and...

Affirmation of Capital Conviction: Leonard v. Nevada and Its Implications

Date: Dec 10, 1998

Affirmation of Capital Conviction: Leonard v. Nevada and Its Implications Introduction Gregory N. Leonard, an employee at the Mark Twain Apartments in Las Vegas, was convicted of robbery and...

Bemis v. Estate of Bemis: Establishing the Discovery Rule in Statute of Limitations for Conversion and Breach of Contract Claims

Date: Nov 26, 1998

Bemis v. Estate of Bemis: Establishing the Discovery Rule in Statute of Limitations for Conversion and Breach of Contract Claims Introduction Bemis v. Estate of Bemis is a seminal case adjudicated by...

Affirmation of Death Sentences and Upholding of Legal Standards in Batson Challenges and Testimony Admissibility

Date: Nov 26, 1998

Affirmation of Death Sentences and Upholding of Legal Standards in Batson Challenges and Testimony Admissibility Introduction In the landmark case of Marlo Thomas v. The State of Nevada (114 Nev....

Middleton v. State of Nevada: Affirmation of Conviction and Death Sentence

Date: Nov 26, 1998

Middleton v. State of Nevada: Affirmation of Conviction and Death Sentence Introduction The case of David Stephen Middleton versus the State of Nevada (No. 31499) adjudicated by the Supreme Court of...

Res Judicata and Permissive Cross-Claims: Insights from Executive Management v. Ticor Title Insurance

Date: Sep 2, 1998

Res Judicata and Permissive Cross-Claims: Insights from Executive Management, Ltd. v. Ticor Title Insurance Company Introduction The case Executive Management, Ltd., a California Corporation,...

Exclusions to the Statute of Repose in Construction Defect Claims: Supreme Court of Nevada's Landmark Ruling

Date: Jul 23, 1998

Exclusions to the Statute of Repose in Construction Defect Claims: Supreme Court of Nevada's Landmark Ruling Introduction The case of G and H Associates, A Partnership et al. v. Ernest W. Hahn, Inc....