Justia Nevada Supreme Court Opinion Summaries

In this dispute over a real estate transaction, the real party in interest (KB Home) took the deposition of one of Defendants’ principals. During the deposition, the principal testified that he had refreshed his recollection and prepared for the deposition by reviewing two memoranda prepared by his attorneys and his own handwritten notes. When KB Home requested that the principal divulge the contents of the memoranda and notes, however, the principal refused on the grounds that they were privileged. KB Home filed a motion to compel production of the documents. The district court granted the motion, concluding that Nev. Rev. Stat. 50.125 mandates disclosure of any documents used before a deposition to refresh one’s recollection. Defendants sought writ relief from the Supreme Court. The Court denied the petition, holding (1) reviewing a document for the purpose of refreshing one’s memory prior to giving testimony serves as a waiver to the attorney-client privilege under section 50.125; and (2) section 50.125 applies to depositions as well as to in-court hearings. View "Las Vegas Dev. Assocs., LLC v. Eighth Judicial Dist. Court" on Justia Law

Plaintiffs filed a complaint for a deficiency judgment against Defendants. Defendants filed a motion to dismiss for failure to state a claim. The motion was eventually denied after delays due to the death of the district court judge. While the motion remained pending, Defendants did not file an answer to the complaint. Nearly 300 days after Defendants filed the motion to dismiss, Defendants moved to dismiss the case due to Plaintiffs’ failure to comply with Nev. R. Civ. P. 16.1(e), which allows a district court to dismiss a case without prejudice if the plaintiff fails to meet the deadlines for holding an early case conference and filing the case conference report. The district court denied the motion, concluding that the death of the district judge and resulting delays warranted extending the Rule 16.1 deadlines. The Supreme Court denied Defendant’s petition for a writ of mandamus, holding that the district court did not abuse its discretion in finding that compelling and extraordinary circumstances justified an extension of time to complete the conference and report. View "Dornbach v. Tenth Judicial Dist. Court" on Justia Law

Appellant, on behalf of her daughter, Sarah, filed a wrongful death action under Nev. REv. Stat. 41.085(4) against Wal-Mart Stores, Inc. after Sarah’s father was fatally assaulted in a Wal-Mart parking lot. The district court dismissed Plaintiff’s action against Wal-Mart, concluding that claim preclusion barred the case because the decedent’s estate, along with three of the decedent’s heirs, had already filed a wrongful death lawsuit under 41.085(5) against Wal-Mart and lost. The Supreme Court affirmed the dismissal but on issue preclusion grounds, holding that Appellant was barred from relitigating the issue of Wal-Mart’s negligence because it had already been established, in the case brought by the estate on her behalf, that Wal-Mart was not negligent and thus, not liable. View "Alcantara v. Wal-Mart Stores, Inc." on Justia Law

Plaintiffs filed a civil complaint against The Power Company, Inc. (“TPCI”) and TPCI’s president, Rick Rizzolo. Less than five years after Plaintiffs filed their action, they entered into a settlement agreement with TPCI and Rizzolo providing that Plaintiffs would receive $9 million upon the sale of Crazy Horse Too, which TPCI owned. More than five years after Plaintiffs filed their complaint, TPCI and Rizzolo filed two motions to dismiss Plaintiffs’ action under Nev. R. Civ. P. 41(e) for want of prosecution. The district court denied the motions. After the Crazy Horse Too sold at a foreclosure sale, Plaintiffs filed a third motion to reduce the settlement agreement to judgment. The district court granted the motion. TPCI and Rizzolo appealed. The Supreme Court affirmed, holding (1) Rule 41(e)’s provision requiring dismissal for want of prosecution does not apply to an action in which the parties enter into a binding settlement agreement before Rule 41(e)’s five-year deadline has expires, and therefore, the district court properly denied TPCI and Rizzolo’s motions to dismiss for want of prosecution; and (2) the district court did not err in reducing the parties’ settlement agreement to judgment. View "The Power Co., Inc. v. Henry" on Justia Law