Justia Nevada Supreme Court Opinion Summaries

A Nevada resident was injured when a lithium-ion battery exploded in his pocket, causing severe burns. He had purchased the battery individually from a local vape shop, with no warnings or instructions provided. The battery in question was manufactured by a South Korean company and its American subsidiary, which design and sell these batteries as industrial components intended for integration into products such as power tools, not for standalone consumer use. Despite efforts by the manufacturer to prevent individual sales and warn against improper use—including sending cease-and-desist letters and posting warnings online—third-party retailers in the United States, including Nevada, sold the batteries individually.After the injury, the plaintiff filed a products liability suit in Nevada’s Eighth Judicial District Court against the manufacturer and its subsidiary. The defendants moved to dismiss for lack of personal jurisdiction, arguing that they did not sell or market individual batteries for standalone use in Nevada. The district court agreed, finding that the plaintiff failed to demonstrate that his injuries arose out of or were related to the manufacturer’s contacts with Nevada, and dismissed the case. The dismissal was certified as final, and the plaintiff appealed.The Supreme Court of Nevada reviewed the case de novo. It held that, while the manufacturer purposefully availed itself of Nevada’s market by selling batteries as components for incorporation into end products, the plaintiff’s injuries resulted from a standalone battery acquired through a different, unauthorized stream of commerce. Because there was no evidence that the manufacturer placed individual battery cells into the Nevada consumer market, the court found no sufficient connection between the company’s forum contacts and the plaintiff’s injury. The Supreme Court of Nevada affirmed the district court’s dismissal for lack of personal jurisdiction. View "Franceschi v. LG Chem, LTD." on Justia Law

A patient with multiple serious health conditions was taken to a hospital after being found unconscious by his minor daughter. He was treated briefly and discharged in the middle of the night, despite the absence of any adult at home to care for him. His wife, who was away at the time, had expressed concerns to the hospital staff about his ability to manage his condition at home, but her concerns were neither documented nor communicated to the attending physician. The patient was sent home alone via ride-share, and was later found by his wife in a severely deteriorated state. He died after subsequent hospitalization.The patient’s wife filed suit in the Second Judicial District Court of Nevada, alleging professional negligence as well as ordinary negligence, including a claim for negligent credentialing, hiring, training, supervision, and retention. The defendants moved to dismiss the ordinary negligence claim, arguing it was inseparable from professional negligence. The district court denied the motion, reasoning that some aspects—such as discharge decisions—were administrative and could support a claim for ordinary negligence. The district court also denied a subsequent motion for reconsideration after new case law was issued.The Supreme Court of the State of Nevada reviewed the case on a petition for a writ of mandamus. The court held that claims relating to the discharge decision and alleged failures in credentialing, hiring, training, supervision, and retention were not independent of the medical relationship and therefore sounded in professional negligence, not ordinary negligence. The court ruled that such claims must be subsumed under the existing professional negligence claim and are subject to the requirements for professional negligence actions. The court directed the district court to vacate its prior order and subsume the challenged claim under the professional negligence claim. View "RENOWN REGIONAL MED. CENTER VS DIST. CT." on Justia Law

Three individuals visiting Las Vegas became involved in a confrontation in a casino parking garage, leading to a physical altercation. The appellant joined the fight, and after security intervened, the victims attempted to leave in their car. The appellant pursued them in a rented vehicle, exited to brandish a gun, and later chased them onto a nearby street. Shots were fired into the victims’ vehicle during the pursuit, resulting in the deaths of two individuals and wounding a third. Evidence, including surveillance footage, ballistics, and phone records, implicated the appellant. He admitted to being present and pointing a BB gun but denied participating in the shooting.The Eighth Judicial District Court of Clark County conducted a jury trial, which found the appellant guilty on two counts of murder with the use of a deadly weapon and one count of attempted murder with the use of a deadly weapon. The parties waived the penalty phase, and the court imposed a sentence of life without parole.The Supreme Court of Nevada reviewed several arguments on appeal, including sufficiency of the evidence, prosecutorial misconduct, improper admission of text messages, autopsy photographs, sentencing errors, jury instructions, and cumulative error. The court determined that the evidence supported the jury’s verdict and found no prosecutorial misconduct. It held that the district court erred by admitting unauthenticated text messages, as the State failed to establish their authorship. However, the court concluded this error was harmless given the overwhelming evidence of guilt. The Supreme Court of Nevada found no abuse of discretion in admitting autopsy photographs, sentencing, or jury instructions, and it rejected the claim of cumulative error. The court affirmed the judgment of conviction. View "Talley v. State" on Justia Law

The case centers on a bakery and deli operator, Bagelmania Holdings, LLC, which leased property from Somerset Property, LLC. Together, they renovated the building for Bagelmania’s restaurant, hiring RDH Interests, Inc. as architect, JEM Associates West, Inc. as contractor, and Turpin & Rattan Engineering, Inc. for HVAC mechanical engineering. Following the renovation, Bagelmania and Somerset alleged construction defects and sued these entities for breach of contract, breach of the implied covenant of good faith and fair dealing, and negligence, with both plaintiffs represented by the same attorney.Prior attempts to initiate litigation were dismissed for failing to comply with Nevada’s NRS 11.258 requirements, which mandate an attorney affidavit of merit and supporting expert reports in nonresidential construction defect cases. The plaintiffs then filed a joint complaint supported by one affidavit and a set of expert reports. The defendants argued that each plaintiff was required to file separate affidavits and expert reports, and the Eighth Judicial District Court, Clark County, agreed, dismissing the case with prejudice for failure to comply with NRS 11.258, also awarding attorney fees, costs, and interest to the defendants.On appeal, the Supreme Court of the State of Nevada considered whether a single affidavit and set of expert reports sufficed under NRS 11.258 when coplaintiffs, represented by the same attorney, jointly brought identical claims arising from the same alleged defects. The Supreme Court held that, under such circumstances, separate affidavits and expert reports are not required. The Court found that the plaintiffs complied with the statute’s plain language and purpose and that the affidavit and reports met the statutory requirements. The Supreme Court reversed the district court’s dismissal, vacated the post-judgment award of fees, costs, and interest, and remanded for further proceedings. View "Bagelmania Holdings, LLC v. RDH Interests, Inc." on Justia Law

An employer engaged in the cybersecurity industry hired an employee for a marketing and sales position after recruiting him away from a competitor. The parties signed a written employment agreement that described a specific role and compensation structure. The employee alleged that the promised position did not actually exist and that he was instead given an entry-level sales role. Although the employee changed employers, he remained at his existing residence in Las Vegas throughout his employment.The employee sued the employer, claiming a violation of Nevada's employment-luring statute, NRS 613.010, which prohibits employers from inducing workers to change locations under false pretenses regarding employment terms. The employer moved for summary judgment in the Eighth Judicial District Court, arguing that the statute did not apply because the employee had not physically relocated his residence. The employee countered that the statute applies when an employee changes their place of employment, not necessarily their residence. The district court denied the employer’s motion for summary judgment, finding that the statute’s civil cause of action provision supports the employee’s interpretation. The court also denied the employer’s later motion to strike the employee’s jury demand, ruling the employer had waived the argument by waiting too long to raise it.The Supreme Court of the State of Nevada reviewed the case and held that NRS 613.010 authorizes a civil cause of action when an employee changes their place of employment in response to false or deceptive representations by an employer, even if the employee does not change their place of residence. The court further found that the district court did not abuse its discretion in denying the motion to strike the jury demand. Accordingly, the Supreme Court denied the employer’s petition for a writ of mandamus. View "Field Effect Security, Inc. v. District Court" on Justia Law

The case concerns an individual who, after viewing pornographic videos online, believed that two people had violated federal obscenity laws. Despite reporting these suspicions to law enforcement without result, he decided to attempt a citizen’s arrest himself. He visited the couple’s home multiple times: the first time, disguised as a pizza delivery worker and equipped with restraints and weapons, he tried to detain one of them but was stopped and warned by police. On a later visit, he left documents at the door. On his final visit, after the couple had separated, he forcibly entered the home, leading to a physical altercation with one resident involving a firearm. Ultimately, he was arrested by police.In the Eighth Judicial District Court, Clark County, the defendant was charged with multiple offenses, including attempted second-degree kidnapping, second-degree kidnapping with the use of a deadly weapon, residential burglary while in the possession of a firearm, assault with a deadly weapon, battery with substantial bodily harm, and stalking. At trial, the district court excluded most evidence related to the alleged federal crimes of the victims, ruling that a citizen’s arrest defense was not available for federal felonies and that the evidence did not support such a defense. The court also declined to give a jury instruction on citizen’s arrest and did not sua sponte instruct the jury on lesser-included offenses.The Supreme Court of Nevada reviewed the appeal. It held that Nevada’s citizen’s arrest statute does not authorize private persons to arrest for federal felonies committed outside their presence; thus, the district court correctly excluded the evidence and denied the defense. The court also held that district courts are not required to give lesser-included-offense instructions sua sponte and overruled prior precedent requiring such instructions without a request. The remaining arguments were found meritless, and the convictions were affirmed. View "Ser v. State" on Justia Law

A correctional officer employed by a city for over a decade contracted COVID-19 after close contact with an infected coworker. He was hospitalized twice and diagnosed with COVID-19, pneumonia, and related lung issues. He filed a workers’ compensation claim for occupational lung disease, asserting that his illness was work-related. The insurer denied the claim, and the officer sought administrative review. His treating physician classified his COVID-19 infection as a disease of the lung.An appeals officer reviewed the case and affirmed the denial of benefits. The officer found that, while the claimant was entitled to a statutory presumption that his lung disease arose out of and in the course of employment due to his years of service, he failed to show that his lung disease was caused by exposure to heat, smoke, fumes, tear gas, or other noxious gases, as required by the relevant statute. The Eighth Judicial District Court reviewed the administrative decision and denied the officer’s petition for judicial review, concluding that the appeals officer’s decision was supported by substantial evidence and was not erroneous.The Supreme Court of the State of Nevada reviewed the case. The court held that, under NRS 617.455, a claimant must satisfy both the requirement that the lung disease arose out of and in the course of employment (for which a conclusive presumption may apply) and the separate requirement that the disease was caused by exposure to heat, smoke, fumes, tear gas, or other noxious gases. The conclusive presumption does not eliminate the need to prove the exposure element. Because the claimant did not show his lung disease was caused by the required type of exposure, the court affirmed the denial of his claim. View "Holguin v. City of Henderson" on Justia Law

While incarcerated at High Desert State Prison in Clark County, Brian Caperonis was killed by other inmates. His father, William Joseph Caperonis, acting individually and as the special administrator of Brian’s estate, filed a civil complaint against the Nevada Department of Corrections (NDOC) and several of its employees. The claims included civil rights violations under 42 U.S.C. § 1983, wrongful death, and various negligence claims related to Brian’s death.NDOC moved to dismiss the state law negligence claims, arguing that the estate had failed to exhaust administrative remedies as required by NRS 41.0322 and NRS 209.243. NDOC asserted that, as the estate stands in the shoes of the decedent, it was required to file an administrative claim before pursuing litigation. William opposed, contending that the exhaustion requirement applied only to living inmates and not to the estates of deceased prisoners. The Eighth Judicial District Court denied NDOC’s motion to dismiss, finding that the plain language of the statutes and the relevant administrative regulations did not extend the exhaustion requirement to estates of deceased inmates.The Supreme Court of Nevada reviewed NDOC’s petition for a writ of mandamus. The court held that the administrative exhaustion requirements in NRS 41.0322 and NRS 209.243 do not apply to the estate of a deceased prisoner. The court reasoned that the statutory language is limited to “a person who is or was” in NDOC custody and does not contemplate survival claims by estates. The court also found that the administrative regulations provide no mechanism for an estate to pursue such remedies. Accordingly, the Supreme Court of Nevada denied NDOC’s writ petition, affirming the district court’s decision. View "Department of Corrections v. District Court" on Justia Law

Two police associations negotiated collective bargaining agreements with the Las Vegas Metropolitan Police Department and the City of Las Vegas to designate certain dates—specifically Christmas Eve, New Year's Eve, and Juneteenth—as paid holidays in addition to those recognized by Nevada statute. These agreements provided for increased holiday pay on those days. The Nevada Public Employees' Retirement System (PERS), which is responsible for collecting retirement contributions based on employees’ regular compensation, refused to collect contributions on the additional holiday pay for these negotiated holidays, arguing that only holidays listed in Nevada’s statutory list qualified.The associations filed an action for declaratory relief in the Eighth Judicial District Court, seeking to compel PERS to collect retirement contributions on the negotiated holiday pay. The district court granted summary judgment in favor of the associations, ordering PERS to collect the appropriate employer contributions for holiday pay on Christmas Eve, New Year's Eve, and Juneteenth. PERS appealed this decision.The Supreme Court of the State of Nevada reviewed the case de novo, as it involved questions of statutory interpretation and no disputed facts. The court held that, under the plain language of NRS 288.150(2)(d) and NRS 286.025, PERS is required to collect retirement contributions on all holiday pay negotiated in collective bargaining agreements, not just those for statutory holidays. The court also determined that Juneteenth became a legal holiday in Nevada in 2021 following the federal declaration, and contributions for that holiday are required retroactively to 2022, when it was included in the agreements. The court rejected PERS’s arguments regarding its authority and potential conflicts with the Internal Revenue Code. The Supreme Court of Nevada affirmed the district court’s grant of summary judgment. View "PUB. EMPLOYEES' RET. SYS. OF NEV. VS. LAS VEGAS MANAGERS AND SUPERVISORS ASS'N" on Justia Law

Several individuals were nominated by the Nevada Republican Party to serve as potential electors for the 2020 presidential election. After the Democratic candidates won the Nevada popular vote, these individuals challenged the results in state court, seeking to be declared the legitimate electors. Their challenge was denied by the district court, and the Nevada Supreme Court affirmed that decision. Despite this, the individuals held a ceremony in Carson City, signed documents purporting to cast Nevada’s electoral votes for the Republican candidates, and mailed these documents to various officials, including the Chief Judge of the United States District Court in Las Vegas, Nevada.Based on these actions, the State charged the individuals with crimes under NRS 205.110 (uttering or offering forged instruments) and NRS 239.330 (offering a false or forged instrument to be filed in a public office). The indictment was filed in Clark County, where the federal courthouse is located. The defendants moved to dismiss the indictment, arguing that the alleged offenses were complete upon mailing the documents from Douglas County, and thus venue was improper in Clark County. The Eighth Judicial District Court agreed, finding that the crimes were completed upon mailing and dismissed the indictment for improper venue.The Supreme Court of the State of Nevada reviewed the case and reversed the district court’s dismissal. The court held that the offenses charged were not complete upon mailing, but rather required the delivery and receipt of the documents at the intended location in Clark County. The court concluded that venue was proper in Clark County because the alleged crimes involved the delivery of false documents to a recipient in that county. The case was remanded for further proceedings. View "State v. DeGraffenreid" on Justia Law