Nevada Case Commentaries

Ex Parte Alternative Mandamus Under the NPRA Requires Findings That Ordinary Inter Partes Procedure Is Inadequate

Date: Feb 28, 2026

Ex Parte Alternative Mandamus Under the NPRA Requires Findings That Ordinary Inter Partes Procedure Is Inadequate Case: CITY OF RENO v. DIST. CT. (CONRAD) (CIVIL) (142 Nev., Advance Opinion 13)...

State Engineer Need Not Make Findings on Irrelevant NRS 534.090(3) Factors When Denying Extension; Equitable Reinstatement Barred Absent Beneficial Use or Estoppel

Date: Feb 28, 2026

State Engineer Need Not Make Findings on Irrelevant NRS 534.090(3) Factors When Denying Extension; Equitable Reinstatement Barred Absent Beneficial Use or Estoppel 1. Introduction In EGGER ENTER.,...

Misjoinder Rule for Nevada Writ Practice: Unrelated Media-Access Challenges Must Be Filed as Separate Mandamus Petitions

Date: Feb 28, 2026

Misjoinder Rule for Nevada Writ Practice: Unrelated Media-Access Challenges Must Be Filed as Separate Mandamus Petitions 1. Introduction In OUR NEV. JUDGES, INC. v. DIST. CT. (THE DOE 1 TRUST)...

Stuckey v. Apex Materials, LLC: No Private Right of Action for NRS 338 Prevailing-Wage Overtime; Exclusive Administrative Enforcement and No End-Run via NRS 608 or Third-Party Beneficiary Theories

Date: Feb 28, 2026

Stuckey v. Apex Materials, LLC: No Private Right of Action for NRS 338 Prevailing-Wage Overtime; Exclusive Administrative Enforcement and No End-Run via NRS 608 or Third-Party Beneficiary Theories 1....

Tahoe Compact Non-Preemption of County Adult-Business Licensing; “Touch” Includes Clothed Contact; Ongoing Violations Support Injunction and Contempt

Date: Feb 27, 2026

Tahoe Compact Non-Preemption of County Adult-Business Licensing; “Touch” Includes Clothed Contact; Ongoing Violations Support Injunction and Contempt Case: LAKE TAHOE FINE DINING, LLC v. DOUGLAS...

Nevada Allows NDTPA and Negligent-Design Claims Against Social Media Platforms to Proceed: Personal Jurisdiction, First Amendment Limits, and No CDA § 230 Immunity Where Claims Target Platform Conduct (Not Third-Party Content)

Date: Feb 25, 2026

Nevada Allows NDTPA and Negligent-Design Claims Against Social Media Platforms to Proceed: Personal Jurisdiction, First Amendment Limits, and No CDA § 230 Immunity Where Claims Target Platform...

Bustamante v. Martin: Scrivener’s Errors in NRCP 68 Offers Do Not Defeat Fee-Shifting When the Intended Offeree Is Clear on the Face; Prejudgment Interest Must Be Excluded from Contingency-Fee Calculations

Date: Feb 22, 2026

Bustamante v. Martin: Scrivener’s Errors in NRCP 68 Offers Do Not Defeat Fee-Shifting When the Intended Offeree Is Clear on the Face; Prejudgment Interest Must Be Excluded from Contingency-Fee...

Child Abuse Under NRS 200.508: Continuing-Offense Treatment Depends on Prosecution Theory; Multiple Counts Permissible for Distinct Acts

Date: Feb 22, 2026

Child Abuse Under NRS 200.508: Continuing-Offense Treatment Depends on Prosecution Theory; Multiple Counts Permissible for Distinct Acts Introduction In Conde (Fernando) v. State (Criminal) (Nev....

Criminal Motions for Reconsideration Neither Toll NRAP 3(b) Deadlines Nor Create Appellate Jurisdiction in Probation-Revocation Appeals

Date: Feb 22, 2026

Criminal Motions for Reconsideration Neither Toll NRAP 3(b) Deadlines Nor Create Appellate Jurisdiction in Probation-Revocation Appeals Introduction In Frias (Fernando) v. State (Criminal) (Nev. Feb....

Judicial Deference to the State Engineer’s NRS 533.380 Extension-of-Time Determinations When Supported by Substantial Evidence of Diligence Toward Full Perfection

Date: Feb 22, 2026

Judicial Deference to the State Engineer’s NRS 533.380 Extension-of-Time Determinations When Supported by Substantial Evidence of Diligence Toward Full Perfection 1. Introduction In THORSON, P.E. v....

Postconviction IAC in Nevada: Specific, Record-Supported Allegations Required; No Deficiency for Futile Objections

Date: Feb 15, 2026

Postconviction IAC in Nevada: Specific, Record-Supported Allegations Required; No Deficiency for Futile Objections 1. Introduction In GILLEN (MARTIN) v. WARDEN (CRIMINAL) (Nev. Feb. 12, 2026), the...

Brown v. State (Nev. 2026): No Ineffective Assistance for Omitting Futile Grand-Jury and Confrontation Challenges; Surreptitious Co-Defendant Jail/Police-Car Talk Is Non-Testimonial

Date: Feb 15, 2026

Brown v. State (Nev. 2026): No Ineffective Assistance for Omitting Futile Grand-Jury and Confrontation Challenges; Surreptitious Co-Defendant Police-Car Conversation Is Non-Testimonial 1....

Endorsement-as-Exclusion Rejected: Insured Retains Burden to Prove Coverage Absent Insurer Concession

Date: Feb 15, 2026

Endorsement-as-Exclusion Rejected: Insured Retains Burden to Prove Coverage Absent Insurer Concession Introduction In STATE OF ZERO LLC v. FARMERS INS. EXCH. (Nev. Feb. 12, 2026), the Supreme Court...

Mere Proof of a Gunshot Is Insufficient to Sustain Nevada’s “Substantial Bodily Harm” Enhancement for Battery

Date: Feb 15, 2026

Mere Proof of a Gunshot Is Insufficient to Sustain Nevada’s “Substantial Bodily Harm” Enhancement for Battery Introduction In Caver (John) v. State (Criminal) (Nev. Feb. 12, 2026), the Supreme Court...

Statutory Presumptions Under NRS 128.109 Control When a Parent Fails to Rebut Token-Efforts and Best-Interest Presumptions After 14 of 20 Months Out of Home

Date: Feb 15, 2026

Statutory Presumptions Under NRS 128.109 Control When a Parent Fails to Rebut Token-Efforts and Best-Interest Presumptions After 14 of 20 Months Out of Home 1. Introduction In IN RE: PARENTAL RIGHTS...

Forced Masturbation Without Genital/Anal Intrusion Is Not “Sexual Assault” Under NRS 200.366

Date: Feb 15, 2026

Forced Masturbation Without Genital/Anal Intrusion Is Not “Sexual Assault” Under NRS 200.366 Introduction In COSBY, JR. v. LESLIE (NRAP 5), 142 Nev., Advance Opinion 11 (Feb. 12, 2026), the Supreme...

NRS 533.450(1) Standing Requires an Existing Personal or Property Right—Speculative Interests from Pending Water Applications Are Insufficient

Date: Feb 15, 2026

NRS 533.450(1) Standing Requires an Existing Personal or Property Right—Speculative Interests from Pending Water Applications Are Insufficient Case: GOLD STANDARD VENTURES (US) INC. v. THORSON, P.E.,...

Cash-Out Merger Underpayment Claims Are Direct (Not Derivative) Under Maryland Law; Unjust Enrichment May Rest on Defendant’s Benefit from Plaintiff’s Loss

Date: Feb 14, 2026

Cash-Out Merger Underpayment Claims Are Direct (Not Derivative) Under Maryland Law; Unjust Enrichment May Rest on Defendant’s Benefit from Plaintiff’s Loss 1. Introduction In FIRST PECOS, LLC v....

Remand-for-Calculation Orders in Judicial Review Are Final Judgments; Later Enforcement/Clarification Remands Are Not Appealable Until the Refund Amount Is Finally Determined

Date: Feb 8, 2026

Remand-for-Calculation Orders in Judicial Review Are Final Judgments; Later Enforcement/Clarification Remands Are Not Appealable Until the Refund Amount Is Finally Determined 1. Introduction In...

Backdating Parole Revocation to Cure Untimely Hearings: Dead-Time Credit, Non-Mootness, and Parole Board Authority

Date: Feb 8, 2026

Backdating Parole Revocation to Cure Untimely Hearings: Dead-Time Credit, Non-Mootness, and Parole Board Authority Introduction In HOWARD (REGINALD) v. STATE (Nev. Feb. 5, 2026), the Supreme Court of...