Justia Nevada Supreme Court Opinion Summaries

A residential property was subject to two homeowners' associations (HOAs), Aliante Master Association and Autumn Ridge at Aliante Community Association. The homeowner fell behind on monthly assessments, resulting in both HOAs recording liens against the property. Only Aliante proceeded with a foreclosure sale. Prior to the sale, the homeowner made payments to Aliante which, if applied to the oldest assessments first, would have satisfied the superpriority portion of Aliante’s lien. Collegium Fund LLC Series 16 purchased the property at the foreclosure sale and sought to quiet title against Deutsche Bank National Trust Company, which held the first deed of trust.The Eighth Judicial District Court of Clark County conducted a bench trial and ruled in favor of Collegium Fund. The district court found that Aliante applied the homeowner’s payments to the lien debt as a whole rather than to the oldest assessments, leaving a small part of the superpriority lien outstanding. Thus, it concluded the sale was a superpriority lien foreclosure that extinguished Deutsche Bank’s deed of trust. Alternatively, the court found that even if Aliante’s superpriority lien had been satisfied, the superpriority portion of Autumn Ridge’s lien also needed to be paid off to convert the sale to a subpriority foreclosure. Since no evidence showed payment to Autumn Ridge, the court held Collegium took the property free of the deed of trust.The Supreme Court of Nevada reviewed the case de novo and reversed the district court’s judgment. The Supreme Court held that, as a matter of law, the homeowner’s payments should be presumed to satisfy the superpriority portion of Aliante’s lien unless expressly directed otherwise. Additionally, the court held that payment of only the foreclosing HOA’s superpriority lien is required to convert the sale to a subpriority foreclosure; payment of the non-foreclosing HOA’s superpriority lien is not necessary. Therefore, the bank’s first deed of trust survived the foreclosure sale, and Collegium took title subject to the deed of trust. View "DEUTSCHE BANK NAT'L TR. CO. VS. COLLEGIUM FUND LLC SER. 16" on Justia Law

The Clark County Department of Family Services filed a petition under Nevada law seeking protection for three minor children, alleging they were in need of protection from their father and stepmother. The allegations against the stepmother were withdrawn prior to trial. The juvenile court in Clark County conducted a full evidentiary hearing regarding the father and ultimately found that the allegations were not proven by a preponderance of the evidence, resulting in dismissal of the petition against him.Following this dismissal, both the Department and the minor children appealed the juvenile court’s order to the Supreme Court of Nevada. However, concerns arose regarding the appealability of such an order, as prior precedent—specifically In re A.B., 128 Nev. 764—held that orders from juvenile proceedings concerning child custody were not substantively appealable under Nevada Rule of Appellate Procedure (NRAP) 3A. The Supreme Court temporarily halted the appeal and directed appellants to show cause why jurisdiction existed.Upon review, the Supreme Court of Nevada found that the jurisdictional analysis in In re A.B. was flawed. The court determined that an order completely dismissing and thus finally resolving a petition for child protection under NRS Chapter 432B meets the definition of a final judgment under NRAP 3A(b)(1), because it disposes of all issues in the case. The court overruled In re A.B. to the extent that it held such orders were unappealable, clarifying that NRAP 3A(b)(1) allows an appeal from a final judgment entered by a district court—even when it arises from juvenile proceedings involving child custody. Therefore, the Supreme Court of Nevada held that the order dismissing the petition is appealable and allowed the appeal to proceed. View "IN RE: N.D." on Justia Law

Police were surveilling a suspect in an unrelated crime when they observed the suspect with another individual, Dubuc, in a parking lot. After Dubuc and the suspect exited Dubuc’s vehicle and began walking toward a store, police arrested the suspect on an outstanding warrant and detained Dubuc, asking if he had anything illegal on his person. Dubuc admitted to carrying a concealed handgun without a permit. Police handcuffed Dubuc and seized the firearm, subsequently charging him with felony carrying a concealed weapon. There was no indication that police had any reasonable suspicion Dubuc was involved in criminal activity prior to detaining him.Dubuc moved to suppress the evidence obtained from the search, arguing that the stop and subsequent search violated his constitutional rights due to lack of reasonable suspicion. The State argued that the search was permissible, analogizing to situations where police search vehicle passengers during traffic stops. After a hearing, the Second Judicial District Court in Washoe County found that police lacked individualized reasonable suspicion to detain and search Dubuc, as there were no specific articulable facts connecting him to criminal activity. The district court suppressed Dubuc’s statements and the physical evidence obtained, and the State appealed.The Supreme Court of Nevada reviewed the district court’s decision de novo, considering both legal conclusions and factual findings. The court held that police may not detain or search a companion of a suspect solely based on association or officer safety concerns, absent individualized suspicion of criminal involvement. The court explicitly rejected the “automatic companion rule,” reaffirming that constitutional protections require reasonable suspicion particularized to the person searched. The Supreme Court of Nevada affirmed the district court’s order suppressing the evidence and statements obtained from Dubuc. View "State v. Dubuc" on Justia Law

A restaurant operated by PFPCO.’s Noble Pie Parlor leased space in the El Cortez Hotel in Reno, Nevada, which was owned by El Cortez Reno Holdings, LLC. After initially peaceful relations, the parties’ relationship deteriorated due to disputes over property maintenance and incidents such as a gas leak and a stolen camera. Tensions escalated when El Cortez locked Noble Pie out, resulting in litigation that ended largely in Noble Pie’s favor, with the judgment affirmed on appeal. Later, Noble Pie permanently closed its restaurant, prompting El Cortez to allege breach of the lease’s agreed-use provision and file a new complaint. Noble Pie moved to dismiss; the district court granted the motion but allowed El Cortez to amend its complaint. After further procedural exchanges, El Cortez filed an amended complaint, and Noble Pie again moved to dismiss.The Second Judicial District Court, Washoe County, presided by Judge Egan K. Walker, reviewed El Cortez’s late opposition to the motion to dismiss and its request for an extension of time. El Cortez’s request, based on “professional courtesy,” was submitted just before the deadline. The district court denied the extension, finding no good cause for the delay and noting El Cortez’s pattern of tardiness in filings. The court treated El Cortez’s failure to timely oppose the motion as an admission under DCR 13(3), granted the motion to dismiss with prejudice, denied leave to further amend, and awarded attorney fees to Noble Pie as the prevailing party under the lease.On appeal, the Supreme Court of Nevada considered whether the district court abused its discretion in denying the extension, granting the motion to dismiss, refusing leave to amend, and awarding attorney fees. The Supreme Court of Nevada held that the district court did not abuse its discretion or err in any of these rulings and affirmed the judgment, emphasizing the importance of adhering to procedural rules in litigation. View "El Cortez Reno Holdings, LLC v. PFPCO.'s Noble Pie Parlor" on Justia Law

Lewis & Clark LTC Risk Retention Group, Inc. was placed into receivership and liquidation by the Nevada Commissioner of Insurance after financial distress. The Commissioner, acting as receiver, sued the company’s directors, alleging gross negligence and breaches of fiduciary duty relating to their management of the insurer. The allegations included knowingly relying on an unlicensed reinsurance broker, approving projects outside guidelines, operating the company in a hazardous condition, and violating Nevada statutes and regulations.After the directors moved for judgment on the pleadings, the Eighth Judicial District Court stayed proceedings while the directors petitioned for a writ of mandamus. The Supreme Court of Nevada, in Chur v. Eighth Judicial District Court, held that directors and officers can only be held personally liable for intentional misconduct, fraud, or knowing violations of the law, not gross negligence. The district court then denied the Commissioner leave to amend the complaint to meet this clarified standard, finding the amendment untimely, prejudicial, and futile, and entered judgment for the directors. The directors also moved for attorney fees and costs, which the district court denied, citing statutory immunity for the Commissioner.On appeal, the Supreme Court of Nevada found that Chur I represented a significant change in law and that, under Nevada Rules of Civil Procedure and in the interest of justice, leave to amend should have been granted. The district court abused its discretion by denying the amendment, as the proposed changes were not made in bad faith, were not unduly prejudicial, and were not futile. The Supreme Court reversed the judgment in favor of the directors, vacated the denial of attorney fees, and remanded for further proceedings consistent with these holdings. View "Commissioner of Insurance v. Chur" on Justia Law

The case involves a Nevada-domiciled trust, managed by a Nevada family trust company, whose trustee petitioned the Second Judicial District Court of Nevada to seal confidential information and close all court proceedings under NRS 164.041 and NRS 669A.256. The district court sealed nearly all documents and concealed the existence of the case, citing concerns over revealing personal, financial, and business information, and later provided limited case information after media inquiries. Several media organizations, having reported on the matter—especially due to its connection to Rupert Murdoch and control over major media holdings—sought intervention to access court records and proceedings, arguing that the First Amendment presumption of public access applied.The probate commissioner recommended allowing media intervention but denying access, and the district court entered an order adopting this recommendation. The court interpreted the statutes as granting automatic and comprehensive confidentiality, finding that privacy and security concerns—heightened by the parties’ public profiles—constituted a compelling interest for sealing and closure. The district court also concluded it lacked discretion to consider redaction as an alternative and held that the statutes’ confidentiality provisions justified the broad closure, even after the Nevada Supreme Court’s decision in Falconi v. Eighth Judicial District Court recognized a First Amendment presumption of access in civil and family court proceedings.The Supreme Court of Nevada reviewed the district court’s decision, holding that NRS 164.041 and NRS 669A.256 permit only provisional sealing and require judicial discretion. The statutes do not automatically justify blanket sealing or closure, nor do they displace the common law or constitutional presumption of openness. The court found that the district court failed to make specific, non-speculative factual findings to justify the sealing and closure and did not adequately consider less restrictive alternatives. The Supreme Court granted the petition for a writ of mandamus, directing the district court to vacate its sealing order and conduct the required analysis for each document and hearing transcript. View "New York Times Co. v. District Court" on Justia Law

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