Justia Nevada Supreme Court Opinion Summaries

The Supreme Court affirmed the orders of the district court granting summary judgment and dismissal in favor of a loan servicer and trustee in this case involving a home equity line of credit agreement (HELOC) with a defined maturity date and closed draw period, holding that there was no error.At issue before the Court was whether a loan servicer and trustee were entitled to foreclose upon Borrowers' residence due to Borrowers' failure to repay the funds provided to them under the terms of their HELOC. The Supreme Court affirmed, holding that the district court (1) did not err in determining that Borrowers' HELOC was both a negotiable instrument under Nev. Rev. Stat. 104.3104(1) and a promissory note under Nev. Rev. Stat. 104.3104(5), entitling the loan servicer and trustee to enforce the document under Nev. Rev. Code chapter 104 due to Borrowers' default; and (2) erred in finding that Borrowers' property was not owner-occupied and thus not subject to statutory requirements pertaining to foreclosures affecting owner-occupied housing, but the error was harmless. View "Wishengrad v. Carrington Mortgage Services" 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

The Supreme Court reversed the judgment of the district court dismissing a complaint for forum non conveniens, holding that the district court abused its discretion by granting the motion because the moving parties failed to meet their evidentiary burden by not including a supporting affidavit.C.R. England, Inc., a trucking company incorporated and headquartered in Utah, hired Tesfaye Alamin, a Nevada resident, as a driver. Eric Pepper, a Texas resident, collided with Alamin's semitruck, and his family members (collectively, Pepper) brought a wrongful death lawsuit in Nevada against C.R. England and Alamin. The defendants filed a motion to dismiss for forum non conveniens, arguing that Texas was a more appropriate forum. The motion, however, failed to include any supporting attachments or exhibits. The district court granted the motion. The Supreme Court reversed, holding that where the underlying motion to dismiss for forum non conveniens lacked a supporting affidavit, the district court abused its discretion in granting the motion. View "Pepper v. C.R. England" on Justia Law

The Supreme Court reversed the judgment of the district court denying a petition for a writ of mandamus challenging the denial of a records request made pursuant to the Nevada Public Records Act (NPRA), holding that holding that the district court abused its discretion in denying the petition.A reporter for Las Vegas Review-Journal, Inc. (LVRJ) made an NPRA request concerning an investigation into potential criminal activity by a law enforcement officer. After denying the request several times, the police department conducting the investigation, Las Vegas Metropolitan Police Department (Metro) ultimately released heavily redacted portions of the investigative files. Metro sought relief, but the district court denied the petition on the grounds that the investigative files contained confidential and private information not subject to public release. The Supreme Court reversed, holding that Metro failed to meet its burden to establish under the NPRA that the requested records were confidential in their entirety under either a statutory or caselaw exemption. View "Las Vegas Review-Journal v. Las Vegas Metropolitan Police Dep't" on Justia Law

The Supreme Court affirmed Defendant's conviction of first-degree murder with the use of a deadly weapon, holding that a district court's invocation of general, as opposed to case-specific, concerns related to the COVID-19 pandemic does not justify dispensing with a defendant's right to in-person confrontation.Appellant fatally shot his girlfriend in a car in which two children were present. During the jury trial, the district court permitted two witnesses to testify remotely via video. On appeal, Defendant argued that his constitutional right to confrontation was violated because the witnesses' convenience did not justify permitting remote testimony and that the district court should have made case-specific findings before summarily ordering that the witnesses may appear remotely. The Supreme Court agreed, holding that because the court did not make the required findings of necessity before allowing the two witnesses to testify remotely Defendant's right to confrontation was violated, but the constitutional error was harmless beyond a reasonable doubt. View "Newson v. State" on Justia Law

The Supreme Court took the opportunity of this case to clarify that the district court's discretion to determine which costs were necessarily incurred by a prevailing party in awarding expenses the party incurred in its efforts to comply with a district court discovery order and held that the district court abused its discretion in part in awarding costs.In the underlying case, the district court entered judgment in favor of the prevailing party on its underlying breach of contract claims and then issued a post-judgment order denying the prevailing party's motion for attorney fees and relaxing costs. The Supreme Court consolidated the appeals and held that the district court (1) did not err in entering judgment in favor of the prevailing party on the breach of contract claims; (2) did not abuse its discretion in denying the prevailing party's motion for attorney fees; but (3) abused its discretion in denying the prevailing party's requests for costs incurred for trial technology services. View "North Las Vegas Infrastructure Investment & Construction, LLC v. City of North Las Vegas" on Justia Law

The Supreme Court affirmed the judgment of the district court denying Grandparents' petition for visitation after concluding that one of the parents provided them with reasonable visitation, holding that the district court properly denied the petition for visitation.On appeal, Grandparents argued that the requirement set forth in Nev. Rev. Stat. 125C.050 that "a parent of the child has denied or unreasonably restricted visits with the child" was satisfied in this case because one parent denied them visitation entirely and that the district court's finding that the visitation they received was reasonable was incorrect. The Supreme Court affirmed, holding (1) Grandparents' visits with the children must have been denied or unreasonably restricted to warrant relief in a petition for visitation; and (2) the district court did not abuse its discretion in concluding that Grandparents' visits with the children in this case were not denied or unreasonably restricted. View "Ramos v. Franklin" on Justia Law

The Supreme Court reversed the judgment of the appeals officer denying Claimant's request to reopen his industrial claim, holding that the appeals officer misapplied Nev. Rev. Stat. 616C.065(7) and failed to properly consider whether Claimant satisfied the requirements of Nev. Rev. Stat. 616C.390.Claimant, a high school teacher, was injured while diverting a student altercation and requested workers' compensation from the school district's industrial insurer (Insurer). Insurer's acceptance of coverage was restricted to Claimant's cervical strain and thoracic sprain. Insurer, however, did not expressly deny coverage for treatment to Claimant's lumber spine. Claimant later sought the reopening of his industrial claim under Nev. Rev. Stat. 616C.390 for treatment to his lumbar spine. Insurer denied the request, and a hearing officer affirmed. The appeals officer also affirmed. The Supreme Court reversed, holding (1) the appeals officer misapplied section 616C.065(7) to find that the lumbar spine was not within the scope of Claimant's accepted industrial claim; and (2) Claimant's failure to appeal after receiving Insurer's determination of claim acceptance or closure did not preclude him from subsequently seeking to reopen his claim under section 616.390. View "Gilman v. Clark County School District" on Justia Law

The Supreme Court denied Petitioners' original petition for a writ of mandamus or prohibition challenging a district court order striking a peremptory challenge of a judge, holding that if a party waives their right to a peremptory challenge under Supreme Court Rule (SCR) 48.1(5), that waiver also applies to any other party on the same side of a later consolidated action.Defendants in a second-filed case filed a peremptory challenge after their case was consolidated with an earlier-filed case. The district court found that the second-case defendants (Petitioners) were barred from filing a peremptory challenge post-consolidation because the first-case defendants had already waiver their right to a peremptory challenge under SCR 48.1(5). Petitioners challenged that ruling, seeking extraordinary relief. The Supreme Court denied the petition, holding that parties in consolidated cases are entitled to an additional peremptory challenge under SCR 48.1(9) only if their first case is reassigned and not when the second case is transferred to be heard with the first. View "Reggio v. Eighth Judicial District Court" on Justia Law

The Supreme Court affirmed the judgment of the district court enjoining a regulation to the extent it required insurers to give retroactive premium refunds but otherwise rejecting the lawsuit brought by National Association of Mutual Insurance Companies (NAMIC), holding that the Nevada Division of Insurance (Division) had the statutory and constitutional authority to promulgate R087-20.While the Nevada Insurance Code permits insurers to use customer credit information when underwriting and rating personal property and casualty insurance, the Division promulgated a regulation, R087-20, after the governor's COVID-19 declaration of emergency led to mass unemployment across the state. R087-20 prohibited insurers from adversely using consumer credit information changes that occurred during the emergency declaration, plus two years. On behalf of itself and its members, NAMIC sued to invalidate the regulation. The district court largely rejected NAMIC's claims. The Supreme Court affirmed, holding that the Division did not exceed its authority in promulgating R087-20. View "Nat'l Ass'n of Mutual Insurance Cos." on Justia Law