Justia Nevada Supreme Court Opinion Summaries

The Supreme Court held that when a tortfeasor settles with the plaintiff, the tortfeasor may then assert a claim for contribution against a doctor who allegedly caused new injuries in treating the original injury.Marie Gonzales was injured in an accident involving a truck driven by an employee of Republic Silver State Disposal. Dr. Andrew Cash treated Gonzales's original injury and allegedly caused further injuries. Gonzales sued Republic and its employee, and the parties settled. The settlement agreement expressly discharged Gonzales's claim against her medical providers and reserved Republic's rights under the Uniform Contribution Among Tortfeasors Act, Nev. Rev. Stat. 17.225-.305. Republic then sued Cash for contribution. The district court granted summary judgment for Cash, concluding that contribution was not available between successive tortfeasors. The Supreme Court reversed, holding (1) the right of contribution exists when the two parties are jointly or severally liable for the same injury, and whether the parties are joint or successive tortfeasors is immaterial; and (2) because Republic and Cash were jointly or severally liable for the injuries Cash allegedly caused and Republic settled those claims, Republic may pursue an action for contribution against Cash. View "Republic Silver State Disposal, Inc. v. Cash" on Justia Law

The Supreme Court reaffirmed in this case that undocumented aliens who are injured while working for a Nevada employer may be eligible for monetary disability benefits, holding that these monetary benefits, paid by the insurer, do not conflict with federal law or undermine the Legislature's intent.Respondent, an undocumented Nevadan, was severely injured while working for High Point Construction and applied for permanent total disability (PTD) status. Associated Risk Management (ARM), High Point's insurance administrator, denied the request. An appeals officer reversed and granted Respondent PTD status pursuant to the "odd-lot doctrine." ARM petitioned for judicial review, arguing that the appeals officer committed legal error by granting PTD to an undocumented alien. The Supreme Court affirmed, holding (1) undocumented aliens are not precluded from receiving disability benefits under Nevada's workers' compensation laws; (2) although federal law prohibits employers from knowingly employing an undocumented alien, it does not prohibit insurers from compensating undocumented aliens for injuries they sustain while working; and (3) the appeals officer's decision was based on substantial evidence. View "Associated Risk Management, Inc. v. Ibanez" on Justia Law

In these two personal injury disputes the Supreme Court denied Petitioners' petition for a writ of mandamus demanding that the Supreme Court reverse the district court's order denying their two motions to strike requests for trials de novo in their cases, holding that Petitioners did not offer any cogent, compelling reason for the Supreme Court to issue mandamus.In separate incidents, John Walker sustained injuries when Sheila Michaels collided with him, and Ralph Ortega received injuries after Katheryn Fritter rear-ended his vehicle. Walker sued Michaels, and Ortega sued Fritter. Both cases proceeded to arbitration. Michaels and Fritter each served offers of judgment, which Walker and Ortega, respectively, rejected. Ultimately, the arbitrators in Walker's and Ortega's cases found in their favor. Because Farmers Insurance insured both Michaels and Fritter, the same attorney, McMillen, represented the interests of both defendants. McMillen sought trials de novo in both cases. Walker and Ortega filed motions to strike the requests. After the district court rejected the motions to strike, Walker and Ortega filed this petition for a writ of mandamus. The Supreme Court denied their petition, holding that Petitioners failed to demonstrate a basis for the Supreme Court to grant either a traditional or advisory writ of mandamus. View "Walker v. Second Judicial District Court" on Justia Law

The Supreme Court reversed the order of the district court imposing case-termination sanctions on MDB Trucking, LLC for spoliation of evidence, holding that the record did not support the imposition of case-terminating sanctions in this case.Plaintiffs filed lawsuits against MDB, a commercial trucking company, and Versa Products Company, which manufactured the dump gate valves, after an MDB driver experienced an uncommanded activation of the dump gate in his rig's trailer, causing it to open and unexpectedly dump its loads. The incident caused several collisions. MBD cross-claimed against Versa for contribution, alleging an unreasonably dangerous and defective design of the Versa valve. MDB reached a settlement with Plaintiffs, who assigned their claims against Versa to MDB. Versa then filed the motion for sanctions underlying this appeal, asking the district court to dismiss MDB's claim with prejudice for having spoliated evidence, namely by discarding plug, sockets, and cords in the tractor/trailer rig. The district court dismissed MDB's claims with prejudice, holding that MDB's failure to preserve the replaced parts caused Versa prejudice that lesser sanctions could not cure. The Supreme Court reversed, holding that MDB acted negligently, not willfully, when it discarded the replaced parts and that, on remand, the district court should consider whether Versa can meet its burden of proving prejudice. View "MDB Trucking, LLC v. Versa Products Co." on Justia Law

The Supreme Court reversed the judgment of the district court dismissing Appellant's defamation claim against The Associated Press and one of its reporters (collectively, Respondents), holding that a news article reporting on the contents of a citizen's complaint to the police that was neither investigated nor evaluated by the police is not a report of an official action or proceeding for which the fair report privilege provides an absolute defense.Respondents published a news article reporting on a 2018 citizen's complaint to the police, in which the complainant alleged that Appellant sexually assaulted her in the early 1970s. Police did not investigate the allegations for statute of limitations reasons. In his complaint, Appellant asserted that the complainant's accusations against him were false and that Respondents published the article with malice. The district court concluded that the fair report privilege protected Respondents from defamation liability because their article reported on a public record, namely documentation of a citizen's complaint to the police alleged that a crime occurred. The Supreme Court reversed, holding that the complaint did not constitute an official action or proceeding as contemplated by the fair report privilege. View "Wynn v. Associated Press" on Justia Law

The Supreme Court affirmed the judgment of the district court denying Clark County's petition for judicial review of the decision of an appeals officer reversing Clark County's denial of a retiree's claim for ongoing partial disability benefits, holding that the appeals officer correctly found that the retiree was entitled to benefits based on the wages he was earning at the time he retired.Brent Bean worked as a Clark County firefighter and retired in 2011. In 2014, Bean was diagnosed with prostate cancer and had part of his prostate removed. Clark County rejected Bean's claim for occupational disease benefits insofar as it sought ongoing permanent partial disability benefits, concluding that because Bean was retired at the time he became permanently partially disabled, he was not earning wages upon which to base a permanent partial disability benefits award. The appeals officer reversed, and the district court rejected Clark County's petition for judicial review. The Supreme Court affirmed, holding that the appeals officer correctly found that compensation for Bean's permanent partial disability rating must be based on the wages he was earning at the time of his retirement. View "Clark County v. Bean" on Justia Law

The Supreme Court reversed the order of the district court denying Appellants' anti-SLAPP motion to dismiss, holding that Nevada's anti-SLAPP statutes do not violate the constitutional right to a jury trial and that the communication at issue in this case was made in good faith.At issue was a presentation that James Taylor, as Deputy Chief of the Enforcement Division of Nevada Gaming Control Board (GCB), gave at the Global Gaming Expo organized by American Gaming Association (AGA). During a section of the presentation on the use of cheating devices, Taylor presented a video clip depicting an individual playing blackjack. Nicholas Colon, the individual depicted in the video clip, sued Taylor, GCB, and AGA for defamation, claiming that the video clip was presented untruthfully as an alleged example of cheating. Defendants filed an anti-SLAPP motion to dismiss, arguing that Taylor's presentation was a good faith statement made in direct connection with a matter of public concern in a public forum. The district court denied the anti-SLAPP motion to dismiss. The Supreme Court reversed, holding (1) Nevada's anti-SLAPP statutes do not violate Colon's constitutional right to a jury trial; and (2) Defendants demonstrated that Taylor's presentation was made in good faith. View "Taylor v. Colon" on Justia Law

In this appeal regarding the scope of the law-enforcement exception to the "going and coming rule" in workers' compensation matters the Supreme Court affirmed the order of the district court reversing the decision of the appeals officer, holding that the appeals officer's decision was arbitrary and capricious in light of the totality of the circumstances surrounding the officer's accident.Plaintiff, a police officer, was struck by another vehicle during his drive home from work. Plaintiff filed a workers' compensation claim for the injuries he sustained in the accident. His claim was denied. On appeal, the appeals officer also denied the claim, concluding that Plaintiff's injury did not arise out of and in the course and scope of his employment. The district court granted Plaintiff's petition for judicial review and concluded that Plaintiff's accident indeed arose out of and in the course of his employment. The Supreme Court affirmed, holding (1) a court must look to the totality of the circumstances on a case-by-case basis in determining whether the law-enforcement exception to the going and coming rule applies; and (2) Plaintiff qualified for the law-enforcement exception under the totality of the circumstances test. View "Cannon Cochran Management Services, Inc. v. Figueroa" on Justia Law

The Supreme Court reversed the judgment of the district court concluding that a large MGM Grand sign located on top of a 150-foot tall steel pylon was not a product within the contemplation of the doctrine of strict products liability, holding that the MGM sign was a product for purposes of strict liability.Plaintiff was seriously injured while servicing the MGM sign. Plaintiff brought this suit alleging that Defendant designed, manufactured, and sold the allegedly defective sign to MGM, and therefore, Defendant should be strictly liable for his injuries. The district court granted summary judgment in favor of Defendant, concluding that the sign was not a product that was subject to the doctrine of strict liability. The Supreme Court reversed after applying the principles set forth in section 402A of the Second Restatement of Torts and relevant jurisprudence, holding that the MGM pylon sign was a product within the meaning of strict products liability. View "Schueler v. Ad Art, Inc." on Justia Law

The Supreme Court affirmed in part and reversed in part the orders of the district court granting summary judgment to Respondents on Appellant's defamation claims and malicious-prosecution claim, holding that the district court erred in relying on the judicial-proceedings privilege in granting summary judgment for Respondents on Appellant's defamation claim based on certain statements.Appellant sued Respondents for defamation based on statements Respondents made during the public comment period of planning commission an improvement district meetings. Appellant also sued for malicious prosecution after he was acquitted on battery and elder abuse charges. The district court granted summary judgment for Respondents. The Supreme Court reversed in part, holding (1) the judicial-proceedings privilege extends to statements made during quasi-judicial proceedings, but the public comment portions of the meetings in this case were not quasi-judicial, and therefore, the district court erred in relying exclusively on this privilege in granting summary judgment; (2) the district court correctly granted summary judgment on Appellant's defamation claims that relied on statements that were undisputedly true; and (3) the district court did not err in applying the law in resolving the malicious prosecution claim. View "Spencer v. Klementi" on Justia Law