Justia Nevada Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the district court in this child custody matter, holding that when parents with court-ordered joint legal custody of a minor child disagree on medical decisions concerning that child, the district court breaks the tie by determining which course of action is in the child's best interest.The divorced parents in this case, who had joint legal custody of their eleven-year-old child, disagreed whether the child should be vaccinated against COVID-19. The court took note of government and professional groups' guidelines and research results regarding the safety of the COVID-19, accepted the child's pediatrician's recommendation, and found that vaccination was in the child's best interest. The Supreme Court affirmed, holding that the district court's finding of best interest aligned with the factors adopted in this opinion. View "Kelley v. Kelley" 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 in part and reversed in part the judgment of the district court accepting Appellant's plea of no contest to two counts of attempted lewdness with a child and imposed the special condition of probation mandated by Nev. Rev. Stat. 176A.410(1)(q), holding subsection (q) is unconstitutional under the First Amendment.Upon accepting Appellant's no contest plea the district court placed him on probation and imposed the special condition mandated by subsection (q), which prohibits a defendant on probation for a sexual offense from accessing the internet without his probation officer's permission. On appeal, Appellant argued that the mandatory internet ban failed intermediate scrutiny under the First Amendment. The Supreme Court reversed the judgment as to the mandatory internet ban and otherwise affirmed, holding that because Nev. Rev. Stat. 176A.410(1)(q) is both mandatory and restricts more speech than necessary to serve the government's interest with no tailoring mechanism it is facially unconstitutional. View "Aldape v. State" 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 denying Appellant's petition for judicial review of the denial of her appeal of her suspension from her position as a correctional officer, holding that when an employee requests a hearing to challenge a state employer's disciplinary decision pursuant to Nev. Rev. Stat. (NRS) 284.390 and fails to comply with the attachment requirement set forth in Nev. Admin. Code (NAC) 284.6562, the appeal is defective and must be dismissed.At issue was whether the requirement in NAC 284.6562(2)(b) that a state employee requesting a hearing to challenge the reasonableness of a disciplinary action under NRS 284.390 attach a copy of the written notification of the discipline to the appeal form is jurisdictional or procedural. A hearing officer with the State of Nevada Department of Corrections found that NAC 284.6562(2)(b) was a jurisdictional requirement that could not be cured because the deadline for Appellant to file an appeal had passed. The district court agreed. The Supreme Court affirmed, holding (1) NAC 284.6562(2)(b) is a nonjurisdictional claim-processing rule, but compliance with the rule is mandatory; and (2) while the hearing officer had jurisdiction to adjudicate Appellant's disciplinary appeal, the hearing officer reached the right result by dismissing the appeal. View "Kassebaum v. State, Dep't of Corrections" on Justia Law

The Supreme Court denied the writ petition filed by Petitioner challenging the decision of the Las Vegas Municipal Court denying Petitioner's request for attorney fees and litigation expenses after criminal charges against him were dismissed and withdrawn, holding that the municipal court correctly determined that it lacked authority to award attorney fees and litigation expenses.Petitioner was arrested and charged with obstructing a police officer and a traffic violation. Petitioner successfully moved to dismiss the obstruction charge, and the traffic violation charge was subsequently withdrawn. Petitioner then filed an application for attorney fees and litigation expenses pursuant to Nev. Rev. Stat. 41.0393. The municipal court denied the request for lack of authority. The Supreme Court affirmed, holding that municipal courts lack authority under section 41.0393 to award attorney fees and litigation expenses to the prevailing party in a criminal action. View "Patterson v. Las Vegas Municipal Court" on Justia Law

The Supreme Court affirmed the judgment of the district court compelling an estate's claims to arbitration pursuant to an arbitration agreement signed during the decedent's admission to El Jen Convalescent Hospital and Retirement Center (El Jen), holding that a nonsignatory heir's wrongful death claim is not bound to an agreement like the arbitration agreement in his case that does not implicate the viability of the underlying personal injury claim.Following the death of her husband, Gary Tyler, Stacy Tyler brought this action against El Jen, asserting negligence, wrongful death, and survivorship claims individually and on behalf of Gary's estate and their minor child, and was joined by two adult statutory heirs. The district court (1) compelled the estate's claims to arbitration pursuant to the arbitration signed during Gary's admission to El Jen; and (2) concluded that the statutory heirs were not bound by the agreement because they did not sign it. The Supreme Court affirmed, holding that the district court (1) properly rejected Plaintiffs' challenge to the arbitration agreement's validity; and (2) did not err in holding that the heirs were not bound by the agreement because they were nonsignatories who were pursuing their own individual claims. View "El Jen Medical Hospital, Inc. v. Tyler" on Justia Law

The Supreme Court affirmed the order of the district court declining to backdate the parties' marriage in this case to the date they would have been married but for Nevada's unconstitutional ban on same-sex marriage, holding that "the effective date of a marriage will not predate the solemnized marriage itself for property division purposes in a divorce, even if a party asserts that the couple would have married earlier but for the later-held-to-be-unconstitutional ban on marriage between same-sex couples."Appellant and Respondent formally married in California in 2008, when Nevada did not permit same-sex marriages or recognize out-of-state same-sex marriages. In 2021, in seeking a divorce, Appellant argued that the district court should backdate the start of his marriage to Respondent to the date their relationship became serious. The district court refused to backdate the marriage and relied on 2008 as the date of the marriage. At issue was the retroactive effect of Obergefell v. Hodges, 576 U.S. 644 (2015). The Supreme Court affirmed, holding (1) Obergefell does not require Nevada courts to backdate a marriage before the couple solemnized their union; and (2) the district court's order accorded with this Court's holdings. View "Candelaria v. Kelly" on Justia Law

The Supreme Court affirmed the ruling of the district court that Appellant, a bank, did not comply with Nev. Rev. Stat. 17.214(3) in seeking to collect on a renewed judgment, holding that the district court did not err.In 2015, Appellant obtained a judgment against Respondents and recorded the judgment. Appellant later sued Respondents in a separate suit alleging that they fraudulently transferred assets to avoid liability. Because Appellant had not collected on the 2015 judgment, Appellant filed an affidavit of renewal of judgment, recorded the affidavit, and electronically served Respondents' counsel. Because Appellant notified Respondents by certified mail of the affidavit of renewal after the 2015 judgment expired Respondents moved to vacate the affidavit of renewal and declare the judgment void. The district court granted the motion, concluding that Appellant did not comply with Nev. Rev. Stat. 17.214(3). The Supreme Court affirmed, holding that a judgment creditor must follow section 17.214(3) to renew a judgment and that a judgment creditor must strictly comply with section 17.214(3)'s certified mail method-of-notice requirement. View "BMO Harris Bank, N.A. v. Whittemore" on Justia Law