Justia Nevada Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the district court denying Defendant's motion to suppress evidence recovered during a warrantless inventory search of his vehicle, holding that the plain-view exception to the warrant requirement of the United States and Nevada Constitutions applied in this case.Following a lawful stop and arrest of Defendant, a police officer performed a warrantless inventory search of Defendant's vehicle that produced no formal inventory. The officer, however, observed contraband during the search, leading to criminal charged being filed against Defendant. Defendant filed a motion to suppress, alleging that the evidence recovered from the vehicle was the product and fruit of an illegal search. The district court denied the motion, concluding that the evidence was validly discovered under the plain-view exception to the warrant requirement. The Supreme Court affirmed, holding that the plain-view exception to the warrant requirement applied because the officer was legally present in the vehicle at the time he observed the contraband. View "Jim v. State" on Justia Law

The Supreme Court vacated the judgment of the district court denying Defendant's motion to withdraw his guilty plea, denying Defendant's subsequent motion to dismiss the charges against him, and entering a judgment of conviction based on Defendant's guilty plea, holding that the district court erred in denying Defendant's motion to withdraw his guilty plea.Defendant entered into a guilty plea agreement based on charges of robbery and ownership or possession of a firearm by a prohibited person and then suffered a mental breakdown. Defendant sought to withdraw his guilty plea when he regained competency, alleging a violation of his right to a speedy trial and that his trial counsel provided ineffective assistance. The district court denied Defendant's motions and convicted him. The Supreme Court vacated the judgment below, holding that withdrawal was just and fair, and therefore, the district court erred in denying Defendant's motion to withdraw his guilty plea. View "Sunseri v. State" on Justia Law

The Supreme Court affirmed the judgment of the district court exercising jurisdiction over the underlying fraudulent conveyance action and avoiding all of Paul Morabito's transfers to Superpumper, Inc., Sam Morabito, Snowshoe Petroleum, Inc., and Edward Bayer, individually and as trustee of the Bayuk Trust (collectively, Superpumper) and awarding Paul Morabito's bankruptcy trustee (Trustee) the subject property or the value thereof, holding that the district court did not err.Paul and Consolidated Nevada Corporation entered into a settlement agreement with JH Inc., Jerry Herbst, and Berry-Hinckley Industries (collectively, the Herbsts) for $85 million and later defaulted on the agreement. After a bankruptcy court adjudicated Paul as a Chapter 7 debtor the Herbsts filed a fraudulent transfer action against Paul and Superpumper, the transferees of Paul's assets. The state district court avoided all of Morabito's transfers to Superpumper and awarded the Trustee the subject property or the value thereof. The Supreme Court affirmed, holding (1) the district court had subject matter jurisdiction over the fraudulent conveyance action; (2) Superpumper waived its in rem jurisdiction argument; and (3) the district court did not abuse its discretion in allowing attorney-client communications to be admitted into evidence at trial. View "Superpumper, Inc. v. Leonard" on Justia Law

The Supreme Court reversed the judgment of the district court denying Defendant's anti-SLAPP special motion to dismiss this defamation action, holding that Defendant's statements met the requirements for anti-SLAPP privilege and that the absolute litigation privilege applied.Plaintiff threatened to sue Defendant over a text message that he perceived as defamatory. Defendant subsequently filed a complaint with the Nevada Real Estate Division (NRED) alleging that Defendant, in a certain real estate matter, had acted unethically. Plaintiff brought this tort complaint based on Defendant's NRED complaint. Defendant filed a motion to dismiss, asserting that the anti-SLAPP statute and absolute litigation privilege applied to protect her from liability. The district court denied the motion. The Supreme Court reversed, holding (1) Defendant met the good faith standard under the anti-SLAPP framework; and (2) the absolute litigation privilege applied such that Plaintiff could not prevail on his claims. View "Williams v. Lazer" on Justia Law

The Supreme Court affirmed the judgment of the district court confirming an arbitration award in a commercial contract matter, holding that there was no error.The parties in this case were two newspapers with a lengthy contractual relationship. The parties' contract contained a provision submitting disputes arising out of the contract to binding private arbitration. A dispute arose over amounts owed under the parties' contract, and the matter was submitted to arbitration. After the arbitrator rendered an award, both parties sought to vacate portions of the award by arguing that the arbitrator's award was so egregiously wrong that the arbitrator had clearly failed to apply the contract at all. The district court confirmed the award. The Supreme Court affirmed, holding that the district court properly found that there was no clear and convincing evidence that the arbitrator had exceeded his powers, acted arbitrarily and capriciously, or manifestly disregarded the law. View "News+Media Capital Group LLC v. Las Vegas Sun, Inc." on Justia Law

The Supreme Court held that because Nevada's wrongful termination claims do not significantly conflict with any concrete federal interest expressed by the Labor Management Reporting and Disclosure Act (LMRDA), the LMRDA did not preempt those claims.This case concerned the termination of the employment of two plaintiffs with the Nevada Service Employees Union. Plaintiffs filed this complaint against Nevada Service Employees Union, Local 1107 and the Service Employees International Union, alleging, inter alia, breach of contract and wrongful termination. The district court granted summary judgment for the Unions, concluding that the LMRDA preempted all of Plaintiffs' claims. The Supreme Court reversed in part, holding (1) the LMRDA does not preempt state law wrongful termination claims; (2) the district court did not err in granting summary judgment in favor of one of the unions; and (3) the court did not abuse its discretion in denying a union's motion for attorney fees. View "Clark v. Service Employees International Union" on Justia Law

The Supreme Court vacated Appellant's judgment of conviction, holding that Appellant was entitled to have seventy days' credit for time served applied to his sentence in his second case.Appellant pleaded guilty in two criminal cases and was sentenced on different dates by different judges, with each sentence imposed to run concurrently. The first sentencing judge applied credit for Appellant's time served to the sentence in the first case, but the second sentencing judge declined to apply credit for time served to the sentence in the second case. The Supreme Court vacated the judgment of conviction, holding (1) where a defendant simultaneously serves time in presentence confinement for multiple cases and the resulting sentences are imposed concurrently, credit for time served must be applied to each corresponding sentence; and (2) Appellant was entitled to credit for time served applied to the sentence in his second criminal case. View "White-Hughley v. State" on Justia Law

The Supreme Court reversed the order of the district court denying Appellant's postconviction petition for a writ of habeas corpus, holding that Appellant overcame the procedural bars that applied to his postconviction habeas petition and that Appellant's sentence violated the Eighth Amendment.Appellant was convicted of first degree murder. Due to a single aggravating circumstance - a New York conviction for a felony invoking the use or threat of violence to another person - Appellant was sentenced to death. Later, a New York court vacated Appellant's New York conviction. Appellant subsequently filed his habeas petition, arguing that his death sentence constituted cruel and unusual punishment because the prior-violent-felony-conviction aggravating circumstance was invalid in light of the vacatur of his New York conviction. The district court denied the petition, concluding that it was procedurally barred and barred by statutory latches. The Supreme Court reversed and remanded the case, holding that the district court abused its discretion in dismissing Appellant's petition and that Appellant's sentence constituted cruel and unusual punishment. View "Howard v. State" on Justia Law

The Supreme Court accepted a question certified to it by the United States District Court for the District of Nevada asking to decide whether Nev. Rev. Stat. 41.031(1) constitutes a waiver of Nevada's sovereign immunity from damages liability under the Fair Labor Standards Act (FLSA), holding that Nevada has waived the defense of sovereign immunity to liability under the FLSA.Appellant and several other employees of the Nevada Department of Corrections (NDOC) filed a putative class and collective action complaint alleging that the State and NDOC violated the FLSA and the state Minimum Wage Amendment (MWA) and breached their contract under state law. The State removed the action to federal district court, where at issue was whether the State possessed sovereign immunity. The district court concluded that the State waived its Eleventh Amendment immunity by removing the case to federal court. The Ninth Circuit affirmed and left open the question of whether the State retained its sovereign immunity from liability. The court then certified the question to the Supreme Court. The Supreme Court answered that, by enacting Nev. Rev. Stat. 41.031(1), Nevada consented to damages liability for a State agency's violation of the minimum wage or overtime provisions of the federal Fair Labor Standards Act. View "Echeverria v. State" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court denying Appellant's motion for judgment as a matter of law, for a new trial, to alter or amend the judgment to offset the settlement proceeds paid by other defendants, and to retax costs, holding that Appellant was entitled to an offset of the settlement proceeds.Dr. Kayvan Khiabani was fatally injured when he collided with a passing bus while riding his bicycle. Khiabani's estate and surviving family members (collectively, Respondents), sued several defendants, including Appellant. Each defendant except Appellant settled with Respondents. After a trial, the jury returned a verdict for Respondents on their failure-to-warn theory. The district court denied each of Appellant's post-judgment motions, after which Appellant appealed. The Supreme Court reversed in part, holding that the district court (1) properly denied MCI's motions for judgment as a matter of law, for a new trial, and to relax costs; and (2) erred in denying MCI's motion to alter or amend the judgment because Appellants was entitled to an offset of the settlement proceeds where Appellant and the settling defendants were liable for the same injury. View "Motor Coach Industries, Inc. v. Khiabani" on Justia Law