Justia Nevada Supreme Court Opinion Summaries

The Supreme Court held that in contested cases before the Nevada Transportation Authority (NTA), arguments not raised during the administrative proceedings are generally waived and that the NTA need not consider arguments raised for the first time at the general session.Appellant received two administrative citations for improperly staging its vehicles at its casino without a charter order, in violation of Appellant's certificate restriction and NAC 706.360. Appellant agreed to the fines, and a hearing officer recommended that the NTA accept Appellant's stipulations and enter the fines against Appellant. Appellant petitioned for judicial review, arguing that its certificate restriction was federally preempted. The district court concluded that the certificate was related to safety and thus not federally preempted. The Supreme Court affirmed, holding (1) Appellant's conclusory assertion of preemption at the NTA general session was insufficient to establish that the NTA lacked subject matter jurisdiction to enforce Appellant's certification restriction; and (2) Appellant waived its preemption argument by entering into the stipulation. View "Highroller Transportation, LLC v. Nev. Transportation Authority" on Justia Law

The Supreme Court denied writ relief in this writ proceeding, holding that Petitioners failed to demonstrate that the law requires the district court to dismiss this private action such that writ relief is warranted.At issue was Nev. Rev. Stat. 357.080(3)(b), which prevents a private plaintiff from maintaining an action under the Nevada False Claims Act (NFCA) if the action is based on the same allegations or transactions that are the subject of a civil action to which the State or a political subdivision is already a party. The Supreme Court held (1) section 357.080(3)(b) does not contain a sequencing requirement and therefore requires dismissal of a private action brought under the NFCA even if the civil action was filed after the private action; (2) section 357.080(3)(b) does not bar a separate private action on behalf of a different governmental entity even where the two suits involve the same allegations or transactions; and (3) Petitioners failed to demonstrate that the law requires the district court to dismiss this private action such that writ relief is warranted. View "Orbitz Worldwide v. Eighth Judicial District Court" on Justia Law

The Supreme Court affirmed the judgment of the appeals officer limiting the reopening of Appellant's claim to the lumbar spine and affirmed the order of the district court denying Appellant's petition for judicial review, holding that the appeals officer properly determined that the reopening of Appellant's claim was warranted only as to the lumbar spine.Although Appellant was previously treated for injuries to several parts of her body, including her head and back, she sought to reopen her claim due to the worsening condition of her lumbar spine. The appeals officer ordered that Appellant's claim be reopened for the lumbar spine only, and Appellant sought judicial review. The district court denied the petition. The Supreme Court affirmed, holding that the appeals officer properly limited the reopening of the claim to the lumbar spine. View "Olvera v. Wynn Las Vegas" on Justia Law

The Supreme Court affirmed the decision of the district court granting summary judgment in favor of the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources and dismissing Appellants' petition under Nev. Rev. Stat. 233B.110 for a declaratory judgment that a fee-setting regulation was invalid, holding that there was no error.At issue was NAC 322.190, a regulation that sets permit fees for the residential use of piers and buoys on navigable waters in Nevada. Appellants petitioned for a declaratory judgment that the fee-setting regulation was invalid. The district court granted summary judgment in favor of the Division. The Supreme Court affirmed, holding that the Division did not exceed its statutory authority in promulgating NAC 322.195, and Appellants failed to overcome the presumption that the regulation is valid. View "Killebrew v. Donohue" on Justia Law

The Supreme Court affirmed the judgment of the district court dismissing a petition for judicial review challenging a decision by the Nevada Employment Security Division's (NESD) Board of Review, holding that, based on its plain language, Nev. R. Civ. P. 6(d)'s three-day mailing rule does not apply to extend the time period for filing a petition for judicial review under Nev. Rev. Stat. 612.531(1).After she was denied unemployment benefits Appellant filed a petition for judicial review in the district court. The district court granted NESD's motion to dismiss, concluding that it lacked jurisdiction over the petition because Appellant had filed it a day late. The Supreme Court affirmed, holding that Rule 6(d) did not apply in this case, and the district court correctly dismissed the untimely petition for lack of jurisdiction. View "Jorrin v. State, Employment Security Division" on Justia Law

The Supreme Court denied Petitioner's petition for a writ of certiorari or mandamus in this matter arising from district court orders holding Petitioner, the Nevada Division of Public and Behavioral Health, in contempt for vacating competency court orders, holding that Petitioner failed to meet its burden of demonstrating the need for extraordinary relief.The competency orders were issued in relation to eleven criminal defendants in Nevada who were all deemed incompetent to assist in their own defense and ordered to psychiatric treatment (collectively, Defendants). Defendants moved to dismiss their cases or, alternatively, for Petitioner to show cause as to why it should not be held in contempt after significant delays in accepting Defendants for treatment. The district court found Petitioner in contempt for failing to comply with the court orders and issued sanctions. Petitioner then filed the instant petition. The Supreme Court denied relief, holding that the district court had jurisdiction to hold Petitioner in contempt and did not manifestly or capriciously abuse its discretion in doing so. View "State, Dep't of Health v. District Court" on Justia Law

The Supreme Court affirmed the order of the district court concluding that an appeals officer erred in denying benefits to the widow and child of an employee who died while on a work trip, holding that there is no requirement that an employee's activities be foreseeable to his employer in order for the employee to recover workers' compensation benefits.Jason Buma died when he traveled from Nevada to Texas for a work conference and had an accident one evening while riding an ATV around a ranch owned by his coworker. Plaintiffs, Buma's wife and child, requested workers' compensation benefits, but the request was denied. An appeals officer upheld the denial. The Supreme Court reversed, concluding that the appeals officer failed to apply the traveling employee rule. On remand, the appeals officer again denied benefits on the grounds that there was no evidence in the record that Jason's employer could have foreseen that Jason would be riding ATVs. The district court granted Plaintiffs' petition for judicial review. The Supreme Court affirmed, holding that the appeals officer misinterpreted this Court's decision in Buma I and that this Court did not impose a requirement that an employee's activities need be foreseeable to his employer in order for the employee to recover workers' compensation benefits. View "Providence Corp. Development v. Buma" on Justia Law

The Supreme Court reversed the judgment of the district court terminating Father's parental rights to Child, holding that the record did not support the district court's findings of parental fault or that termination of Father's parental rights was in Child's best interest.Father was abusing prescription drugs and illegal substances when Child was removed from his care. For the first sixteen months of the protective custody action, Father consistently visited child and completed the required parenting classes. By the time of the trial on the Department of Family Service's (DFS) motion to terminate Father's parental rights Father had been sober for several months and successfully participating in the drug court program. After learning that successful completion of the program would take Father at least another eight months the district court proceeded with the termination trial and subsequently terminated Father's parental rights. The Supreme Court reversed, holding (1) when there is evidence that a parent has been successfully attempting to overcome an addiction to substances, the district court can lawfully continue the termination proceedings to allow the parent to make further progress and complete their case plan; and (2) substantial evidence did not support the district court's findings in this case. View "In re Parental Rights as to G.R.S." on Justia Law

The Supreme Court affirmed in part and reversed in part the decision of the district court to deny Appellant's petition for a writ of mandamus pursuant to the Nevada Public Records Act (NPRA) challenging the failure of the Reno Police Department (RPD) to disclose certain records, holding that the district court erred in part.At issue on appeal was RPD's refusal to disclose an investigative report to Appellant, who owned and operated an online news website, and RPD's redaction to officers' faces before disclosing body-worn camera footage. The district court denied Appellant's mandamus petition as to both issues. The Supreme Court (1) reversed in part regarding the investigative report, holding that the district court abused its discretion by denying Appellant's petition with respect to the report without individualized findings regarding the redacted material; and (2) affirmed the district court's decision regarding the redactions to the body-worn camera footage, holding that the district court correctly denied this portion of the petition. View "Conrad v. Reno Police Dep't" on Justia Law

The Supreme Court affirmed the order of the district court denying Clark County Association of School Administrators and Professional-Technical Employees (CCASAPE)'s petition for a writ of prohibition or mandamus challenging a so-called "teacher lottery," holding that the district court properly rejected CCASAPE's interpretation of Nev. Rev. Stat. 388G.610.CCASAPE, a school administrators' union, filed a petition for extraordinary writ relief alleging that Clark County School District (CCSD) violated section 388G.610 by implementing a policy under which certain teachers were unilaterally assigned to local school precincts without the consent of each precinct. The district court denied relief because CCASAPE failed to demonstrate that any assignment was inconsistent with statutory requirements. The Supreme Court affirmed, holding that the complained-of policy did not run afoul of section 388G.610 because it was implemented to ensure compliance with collective bargaining agreements and allow for as much selection authority as the school district held. View "Clark County Ass'n of School Administrators v. Clark County School District" on Justia Law