Justia Nevada Supreme Court Opinion Summaries

The Supreme Court answered a certified question of law by holding that a plaintiff is not damaged for purposes of a common-law fraudulent concealment claim or a Nev. Rev. Stat. 41.600 consumer fraud claim when the plaintiff receives the true value of the good or service purchased.The United States Court of Appeals for the Ninth Circuit asked the Supreme Court to determine whether a plaintiff has suffered damages for purposes of common-law fraudulent concealment and statutory consumer fraud claims if the defendant's actions caused the plaintiff to purchase a service or product the Plaintiff would not otherwise have purchased even if the value of that service or product was at least equal to what the plaintiff paid. The Supreme Court concluded that a plaintiff who receives the true value of the services or goods purchased has not suffered damages under Nev. Rev. Stat. 41.600 or under theories of common-law fraudulent concealment. View "Leigh-Pink v. Rio Properties, LLC" on Justia Law

The Supreme Court affirmed the judgment of the district court concluding that Respondent was conclusively presumed to be the child's legal father based on positive DNA test results and that his status as such gave him rights incident to a parent-child relationship, holding that there was no error.After determining that Respondent was the biological father of the child at issue the court entered a child custody decision awarding Respondent joint physical custody with the child's mother. The Supreme Court affirmed, holding (1) the district court correctly interpreted and applied the Nevada Parentage Act (NPA), Nev. Rev. Stat. Chapter 126, in concluding that Respondent was conclusively presumed to be the child's legal father based on the DNA test results; and (2) the district court's order establishing joint physical custody comported and the evidence and the preferences set forth in Nev. Rev. Stat. Chapter 125C. View "Martinez v. Avila, Jr." on Justia Law

The Supreme Court affirmed the judgment of the district court dismissing Appellants' complaint on several alternative grounds and denying Appellants' motion to amend, holding that this appeal was foreclosed as far as it concerned the district court's dismissal ruling.Appellants filed a complaint alleging wrongful death and negligence against several defendants, but certain defendants were never served. The "Genting defendants" moved to dismiss the complaint, arguing, among other things, that the district court could not exercise general or specific personal jurisdiction over them and that the complaint should be dismissed under the doctrine of forum non conveniens. The district court dismissed the complaint under Nev. R. Civ. P. 12(b)(2), (5) and (6) and the doctrine of forum non conveniens. The Supreme Court affirmed, holding (1) Appellants' appeal of the dismissal of the complaint suffered from a fatal procedural flaw; and (2) the district court was within its discretion in denying the motion to amend. View "Hung v. Berhad" on Justia Law

The Supreme Court affirmed the order of the district court rejecting Appellant's complaint challenging an initiative petition that would, if approved by voters, add two sections to Article 15 of the Nevada Constitution, holding that the district court properly denied relief.The initiative petition proposed two changes - open primary elections and ranked-choice general elections for specified officeholders. The district court rejected Appellant's complaint challenging the initiative petition. The Supreme Court affirmed, holding (1) even though the initiative petition proposed more than one change to Nevada law, it still met the single-subject requirement; (2) the initiative petition's description of effect was not misleading or inadequate; and (3) Appellant failed to demonstrate that the proposal required the expenditure of money without providing a funding source. View "Helton v. Nevada Voters First PAC" on Justia Law

The Supreme Court affirmed in part and reversed in part the district court order granting writs of mandamus and prohibition barring the Secretary of State from placing initiative petition questions on the ballot, holding that the district court abused its discretion in issuing a writ of prohibition.When Secretary of State Barbara Cegavske refused to honor the withdrawals of two verified initiative petitions to place questions on the ballot for the Nevada 2022 general election the sponsors of those petitions obtained writs of mandamus and prohibition to compel the Secretary to recognize to honor the withdrawals. The Secretary appealed, contending that Nev. Rev. Stat. 295.026, the statute setting forth the withdrawal procedure, was unconstitutional. The Supreme Court affirmed, holding (1) section 295.026 is a permissible exercise of the legislature's power to enact statutes to facilities the people's initiative power; (2) the district court did not abuse it discretion in issuing a writ of mandamus compelling the Secretary not to act; and (3) the district court improperly issued a writ of prohibition because the act of placing matters on a ballot is not the type of action subject to prohibition. View "Cegavske v. Hollowood" on Justia Law

The Supreme Court affirmed the order of the district court enjoining Education Freedom PAC (EFP) from circulating an initiative petition for signatures and enjoining the Secretary of State from including the initiative on the ballot, holding that the initiative fell short of meeting constitutional requirements.The initiative at issue would amend the Nevada Constitution to require the legislature to establish education freedom accounts for parents to use to pay for their child's education if that child is educated outside of the uniform system of common schools. Respondents filed a complaint for declaratory and injunctive relief challenging the petition. The district court concluded that the initiative was invalid for three reasons. The Supreme Court affirmed, holding that the district court (1) properly denied EFP's request to dismiss the complaint; and (2) properly enjoined the EFP initiative's circulation and placement on the ballot because the initiative failed to comply with constitutional requirements. View "Education Freedom PAC v. Reid" on Justia Law

The Supreme Court affirmed the decision of the district court convicting Defendant of murder with the use of a deadly weapon, robbery with the use of a deadly weapon, and related charges, holding that there was no error or abuse of discretion.Specifically, the Supreme Court held (1) the footwear impression evidence presented during trial was admissible without expert testimony, and therefore, the district court did not err in admitting the evidence; (2) neither the district court's failure to make express findings under Lipsitz v. State, 442 P.3d 138 (Nev. 2019), nor its decision to allow a witness to testify via two-way video contributed to the verdict and were therefore harmless; and (3) the district court did not improperly limit witness testimony. View "Brown v. State" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court finding Babylyn Tate not negligent in this tort action, holding that none of the challenged conduct or other alleged trial errors warranted reversal.At issue was the procedural question of whether a party must file a motion for a new trial in district court in order to preserve attorney-misconduct claims on appeal. The Supreme Court answered (1) the rule announced in Rives v. Farris, 506 P.3d 1064 (2022), that a party is not necessarily required to move for a new trial to preserve its arguments based on trial error or its ability to seek a new trial as an appellate remedy, applies; (2) the alleged improper ability-to-pay argument and golden-rule argument did not warrant reversal; and (3) there was no abuse of discretion in the district court's challenged rulings. View "Evans-Waiau v. Tate" on Justia Law

The Supreme Court reversed the order of the district court granting Respondents' consolidated petitions for judicial review and reinstating the decision of the State Engineer approving the Diamond Valley Groundwater Management Plan (GMP), holding that the State Engineer's decision to approve the GMP was not erroneous.Once an over-appropriated basin is designated a critical management area (CMA) water permit and certificate holders may petition the State Engineer to approve a GMP that sets forth the necessary steps for removal of the basin's designation as a CMA. After Diamond Valley was designated a CMA the State Engineer approved the Diamond Valley GMP, which deviated somewhat from the doctrine of appropriation. The district court invalidated the order. The Supreme Court reversed, holding (1) the GMP complied with Nev. Rev. Stat. 534.037 and 534.110(7); and (2) therefore, the GMP was valid. View "Diamond Natural Resources Protection & Conservation Ass'n v. Diamond Valley Ranch, LLC" on Justia Law

The Supreme Court reversed the order of the district court granting a motion for relief from a default judgment under Nev. R. Civ. P. 60(b)(1) and (6), despite the fact that the motion was filed more than fourteen months after service of written notice of entry of default, holding that the district court abused its discretion in granting Rule 60(b) relief.Plaintiff filed a complaint alleging that he was attacked by security guards on Defendant's premises and that Defendant was negligent in its duty to maintain the premises in a reasonably safe condition. Default was later entered against Defendant. Over fourteen months later Defendant filed a motion to set aside the judgment and stay execution on the ground of mistake or excusable neglect under Rule 60(b)(1) and any other reason justifying relief under Rule 60(b)(6). The district court found sufficient ground for relief under both rules. The Supreme Court reversed, holding (1) this Court had jurisdiction over this appeal; (2) Rule 60(b)(6) may not be used as a subterfuge to circumvent the time limits that apply to a request for relief based on Rule 60(b)(1); and (3) the district court abused its discretion in granting relief under Rule 60(b)(6). View "Vargas v. J Morales Inc." on Justia Law