Justia Nevada Supreme Court Opinion Summaries

The case involves Somsak Limprasert, a patient diagnosed with COVID-19 and acute hypoxic respiratory failure, who was transferred to PAM Specialty Hospital of Las Vegas, LLC, for rehabilitation and treatment. While at PAM, Limprasert, who was bedridden and unable to stand without support, was assisted by PAM's workers to rise from his bed. However, they unexpectedly let go of him while he was in a standing position, causing him to fall and suffer injuries. Limprasert filed a complaint against PAM, asserting claims for negligence and abuse of the vulnerable, and alternatively, under Nevada’s medical malpractice statutes. However, he failed to attach a supporting declaration from a medical expert to his complaint.The district court found that Limprasert’s claims were of professional negligence, requiring a supporting declaration from a medical expert. As Limprasert filed his complaint without the supporting declaration and the erratum was not filed at the same time as the complaint, the district court granted PAM’s motion to dismiss. Limprasert appealed, and the court of appeals reversed the decision, finding that the district court erred by dismissing Limprasert’s complaint. PAM petitioned the Supreme Court of Nevada for judicial review.The Supreme Court of Nevada determined that Limprasert’s claims were of professional negligence, requiring an affidavit under Nevada law. However, the court concluded that Limprasert’s expert declaration complied with the law, and the district court therefore erred by dismissing his complaint for noncompliance. The court reversed the dismissal of Limprasert’s professional negligence claims and remanded the case for further proceedings. View "Limprasert v. PAM Specialty Hospital of Las Vegas, LLC" on Justia Law

The case revolves around a medical malpractice claim filed by Saeed Gohari, acting as the guardian ad litem for Nammi Gohari, a minor. Nammi was born prematurely in 2012 and developed irreversible brain damage, which the family attributed to professional negligence by the medical staff at facilities operated by Dignity Health. The malpractice claims were filed against Dignity Health and several individuals who provided medical care to Nammi's mother, Afsaneh Amin-Akbari, over a decade after Nammi's birth, on November 30, 2022.The case was initially brought before the Eighth Judicial District Court of the State of Nevada. Dignity Health moved to dismiss the complaint as untimely under NRS 41A.097, which sets a limitation period for filing medical malpractice claims. However, Gohari argued that the complaint was still timely under NRS 41A.097(5) due to a pair of emergency directives issued by Governor Steve Sisolak during the COVID-19 pandemic, which tolled the limitations period. The district court agreed with Gohari, concluding that the directives tolled the limitations period for 122 days, making Gohari's complaint timely.The case was then brought before the Supreme Court of the State of Nevada. Dignity Health filed a petition for a writ of mandamus, asking the court to vacate the district court order and direct the district court to dismiss the case because Gohari's complaint was untimely under NRS 41A.097(5) and its timeliness was not preserved by the directives. However, the Supreme Court denied the petition, concluding that the district court correctly applied the directives and that the law does not require dismissal of Gohari's complaint as untimely. The court found no support for Dignity Health's argument in the directives’ plain language and held that the directives tolled Gohari's limitations period for 122 days. View "Dignity Health v. District Court" on Justia Law

A child, J.B., was born while both of his parents were incarcerated for the homicide of J.B.'s older sibling. The Department of Family Services (DFS) placed J.B. with Becky and Jay Whipple, friends of J.B.'s grandmother, who were not licensed foster parents at the time. The district court affirmed this placement, designating the Whipples as J.B.'s "fictive kin," a term referring to individuals who are not blood relatives but have a significant emotional and positive relationship with the child.Months later, after J.B.'s father's paternity was established, he requested that J.B. be placed with his own father, Miles Sr., in Illinois. The district court ordered J.B.'s placement with Miles Sr., asserting that blood relatives have a legal placement preference over fictive kin. The court made no factual findings related to J.B.'s best interest.The Supreme Court of the State of Nevada granted a petition challenging the district court's decision. The Supreme Court clarified that the term "fictive kin" requires an evaluation of the relationship from the perspective of both the child and the adult. The court emphasized that placement decisions must be based on a child’s best interest. The court found that the district court had erred in asserting that blood relatives have a legal placement preference over fictive kin. The court also noted that the district court had abused its discretion by proceeding with a change in J.B.'s placement when J.B.'s counsel was absent. The Supreme Court vacated the district court's order placing J.B. with Miles Sr. and ordered the case to be reassigned to a different judge for further proceedings. View "In re Matter of J.B." on Justia Law

This case involves a dispute over a merger between Parametric Sound Corporation and VITB Holdings, Inc. (VITBH). A group of shareholders, who later formed PAMTP, LLC, opted out of a class action settlement related to the merger and filed a separate lawsuit. They alleged that the merger diluted their equity interests and that Kenneth Potashner, a member of Parametric's board, had breached his fiduciary duties by misleading shareholders about the financial outlook of the merger. The district court granted judgment to the defendants, finding that PAMTP had failed to plead a direct claim.The district court's decision was based on the Nevada Supreme Court's ruling in a previous related case, Parametric I, which held that the shareholders' claims should be dismissed for failure to plead a direct claim. However, the court granted the shareholders leave to replead certain claims that may have been direct under a Delaware case, Gentile v. Rossette. PAMTP's complaint in the present case was based on this guidance.The Nevada Supreme Court affirmed the district court's decision, finding that PAMTP had indeed failed to plead a direct claim. The court noted that the Delaware Supreme Court had since overruled Gentile, holding that most equity expropriation claims are exclusively derivative. The court also found that PAMTP had not satisfied the "direct harm test" adopted in Parametric I.The court also addressed the district court's award of costs and attorney fees to the defendants. It affirmed the award of costs but reversed the award of pre-complaint costs, finding that the district court had abused its discretion. The court also reversed the district court's denial of attorney fees to the defendants, finding that they were entitled to fees under Nevada Rule of Civil Procedure 68. The case was remanded for the district court to determine the amount of fees to which the defendants were entitled. View "In re Parametric Sound Corp." on Justia Law

The case revolves around an adoption dispute involving a minor child, G.P. The child's step-great-grandparents, Katherine and Michael, had agreed to temporary guardianship of G.P. after being contacted by the child's birth mother during her pregnancy. After G.P.'s birth, Katherine and Michael filed for temporary guardianship in the Second Judicial District Court in Washoe County. Concurrently, G.P.'s grandparents, Angela and Randall, filed a competing petition for guardianship. The birth parents of G.P. later consented to terminate their parental rights and agreed to G.P.'s adoption by Katherine and Michael. With these consents, Katherine and Michael filed a petition for adoption in the Eighth Judicial District Court in Clark County.The Second Judicial District Court had scheduled a hearing for the competing guardianship petitions. However, it was unaware of the pending adoption petition in the Eighth Judicial District Court. The court denied Angela and Randall's petition for temporary guardianship but set a trial date for the competing guardianship requests. A few days later, the Eighth Judicial District Court granted Katherine and Michael's adoption petition. Upon learning of the adoption, Angela and Randall moved to set aside the adoption in the Eighth Judicial District Court, alleging misrepresentation and misconduct. The court granted their motion, setting aside the adoption.The Supreme Court of Nevada reversed the lower court's decision. The court clarified that a motion to set aside a judgment under NRCP 60(b) could be brought by a party to the proceeding, an entity in privity with one of the parties, or a nonparty with interests directly affected by the judgment. However, Angela and Randall, as nonparties, lacked standing to move to set aside the adoption. They were not parties in the adoption proceedings, did not have rights directly affected by the proceedings, and lacked any other statutory or constitutional basis for standing. The court concluded that the district court had abused its discretion in setting aside G.P.'s adoption. View "In re Petition of Perry" on Justia Law

The appellant, Barry Rashad Harris, was convicted of first-degree kidnapping resulting in substantial bodily harm, battery constituting domestic violence, misdemeanor assault, and battery resulting in substantial bodily harm constituting domestic violence, following a physical altercation with his girlfriend. He was sentenced to an aggregate term of 15 years to life. Harris filed a pro se petition for a postconviction writ of habeas corpus, alleging ineffective assistance of pretrial, trial, and appellate counsel. The district court appointed postconviction counsel, who supplemented the petition with additional claims of ineffective assistance of counsel. The district court set the matter for an evidentiary hearing.Due to a communication error, Harris, who was incarcerated, was not transported to attend the hearing. The district court proceeded with the hearing in Harris's absence, without a waiver from him of his statutory right to be present. The district court concluded that Harris had not shown ineffective assistance of counsel and denied the petition.The Supreme Court of Nevada found that the district court violated Harris's statutory right to be present at the hearing. The court clarified that counsel may not waive a petitioner’s right to be present at an evidentiary hearing on a postconviction habeas petition where the record does not indicate that the petitioner personally waived the right to be present. Because the record did not support a valid waiver of the statutory right to be present at the evidentiary hearing, the court concluded that the district court violated Harris’s statutory right to be present at the hearing. The court could not say that this error was harmless given the circumstances presented, and therefore reversed the district court’s order and remanded for a new evidentiary hearing. View "Harris v. Warden" on Justia Law

The case involves Capital Advisors, LLC, and Danzig, Ltd., minority shareholders of Cam Group, Inc. (CAMG), who filed a shareholder derivative action against nine CAMG officers and directors. The defendants included Wei Heng Cai (Ricky) and Wei Xuan Luo (Tracy), who were the only ones to proceed to trial. The plaintiffs alleged that Ricky arranged for a $1.85 million unsecured loan at zero-percent interest to a company called Parko Ltd., and Tracy, as CFO, failed to stop the loan. The loan allegedly drained approximately 80% of the cash reserves for the consolidated CAM companies. Ricky later resigned from CAMG to focus on developing business opportunities for another company, National Agricultural Holdings Limited (NAHL), and his own company, Precursor Management Inc. (PMI).The district court granted a motion for judgment as a matter of law in favor of Ricky and Tracy, dismissing all causes of action. The court found that officers and directors of a parent company cannot be held liable for actions taken by a wholly owned subsidiary without piercing the corporate veil. The court also awarded Ricky and Tracy over $2 million in attorney fees and costs.The Supreme Court of Nevada affirmed in part, reversed in part, vacated in part, and remanded the case for further proceedings. The court held that officers and directors of a parent company who allow a wholly owned subsidiary to take action adverse to the parent can be held liable without use of the alter ego doctrine. The court also held that shareholders may file derivative suits against officers and directors of a parent company based on wrongful actions that occurred at a wholly owned subsidiary of a wholly owned subsidiary without asserting alter ego. The court concluded that the district court erred by finding that officers and directors of a parent company cannot be held liable for actions taken by a wholly owned subsidiary without piercing the corporate veil. The court also found that the plaintiffs presented sufficient evidence to defeat a motion for judgment as a matter of law as to some of their causes of action. View "CAPITAL ADVISORS, LLC VS. CAI" on Justia Law

The case involves Jesse Calvin Gilbert, who was pulled over by a law enforcement deputy due to a non-operating license plate light. Gilbert was arrested on an active warrant, and the deputy conducted a warrantless search of the vehicle. During the search, the deputy found a handgun under the driver's seat. Gilbert, an ex-felon, was charged with possession of a firearm and moved to suppress the evidence, arguing that the search was not a true inventory search but a ruse to conduct an investigatory search.The district court denied Gilbert's motion, finding that the deputy appropriately impounded the vehicle and the inventory search was reasonable. Gilbert appealed his subsequent conviction based on the search and the unsuppressed evidence.The Supreme Court of Nevada affirmed the district court's decision. The court clarified that an investigatory motive does not necessarily invalidate an inventory search as long as the search that occurred is the same as the inventory-based search that would have happened absent any such motivation. The court also stated that a court deciding a suppression motion must determine the search's reasonableness under the totality of the circumstances by evaluating the extent to which law enforcement departed from the standardized procedures, whether the scope of the search was as expected in light of the underlying justifications for inventory searches, and whether the inventory produced served the purposes of an inventory search. The court concluded that the search was reasonable and denied Gilbert's motion to suppress. View "GILBERT VS. STATE" on Justia Law

The case involves a dispute between the City of Las Vegas and 180 Land Co., LLC over a 35-acre parcel of land. 180 Land Co. purchased the land, which was part of a larger 250-acre golf course, with the intention of developing it for residential use. The land was zoned for residential development, but was also designated as "Parks/Schools/Recreation/Open Space" in the city's General Plan. The City of Las Vegas denied 180 Land Co.'s applications to develop the property, citing public opposition and concerns about piecemeal development.In response, 180 Land Co. sued the City for inverse condemnation, arguing that the City's actions had deprived it of all economically beneficial use of the property. The district court agreed, finding that the City's handling of 180 Land Co.'s development efforts rendered any future attempts to develop the property futile. The court also ruled that the residential zoning of the property took precedence over the open space designation in the General Plan. The court awarded 180 Land Co. $48 million in compensation, including the value of the property, property taxes, prejudgment interest, and attorney fees.The City appealed the decision, arguing that the lower court erred in determining that a regulatory taking had occurred and in its calculation of the compensation award. 180 Land Co. also appealed, challenging the amount of prejudgment interest awarded by the district court.The Supreme Court of the State of Nevada affirmed the district court's decision in its entirety. The court agreed that the City's actions constituted a per se regulatory taking and that 180 Land Co. was entitled to just compensation. The court also upheld the district court's calculation of the compensation award, including the amount of prejudgment interest. View "City of Las Vegas v. 180 Land Co., LLC" on Justia Law

The case involves a challenge to the constitutionality of several Nevada statutes regulating "ghost guns," or unfinished firearm frames or receivers. The respondent, Polymer80, Inc., a manufacturer of gun-related products, argued that the definition of "unfinished frame or receiver" in the statutes was impermissibly vague, making the statutes unconstitutional. The district court agreed with Polymer80, concluding that the definition did not clearly explain key terms or notify individuals when raw materials would become an unfinished frame or receiver. The court also found that the definition allowed for arbitrary and discriminatory enforcement.The Supreme Court of the State of Nevada disagreed with the lower court's findings. The court found that the terms used to define "unfinished frame or receiver" had ordinary meanings that provided sufficient notice of what the statutes prohibited. The court also concluded that the statutes were general intent statutes that did not lack a scienter requirement and did not pose a risk of arbitrary or discriminatory enforcement. Therefore, the court reversed the district court's decision, holding that the statutes were not unconstitutionally vague. View "Sisolak v. Polymer80, Inc." on Justia Law