Articles Posted in Nevada Supreme Court

by
Plaintiff was a Medicare beneficiary who received his Medicare benefits through a plan offered by Respondents, health insurance businesses that specialize in health maintenance and/or managed care and are engaged in the joint venture of providing insurance. As a result of his treatment at a clinic, which was a contracted provider for Respondents, Plaintiff became infected with hepatitis C. Plaintiff subsequently sued Respondents alleging negligence in selecting their health care providers. The district court dismissed the complaint, concluding that Plaintiff’s claim was preempted by the federal Medicare Act. The Supreme Court affirmed, holding that state common law negligence claims regarding the retention and investigation of contracted Medicare providers are expressly preempted by the Medicare Act. View "Morrison v. Health Plan of Nev., Inc." on Justia Law

by
Plaintiff underwent Lasik corrective surgery on her eyes and subsequently developed ocular complications. Plaintiff sued Dr. John L. Siems, who performed the surgery, and Siems Advanced Lasik, asserting claims for medical malpractice and professional negligence. During trial, the defense argued that Plaintiff’s condition was consistent with eye drop abuse. The jury returned a verdict for Defendants. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in admitting certain expert testimony because the testimony met the standard for expert testimony set forth in Williams v. Eighth Judicial District Court, which clarified existing law on medical expert testimony; and (2) the defense counsel’s direct, unauthorized communications with Plaintiff’s treating physician were improper, but because Plaintiff did not demonstrate prejudice, a new trial was not warranted. View "Leavitt v. Siems" on Justia Law

by
Palms Casino Resort allowed promotional actors to toss souvenirs into a crowd of patrons watching televised sporting events at the casino’s sports bar. Respondent was injured when another patron dove for a souvenir during a broadcast of Monday Night Football at the casino. Respondent sued Palms on a theory of negligence. After a trial, the district court determined that Palms was liable as a matter of law and awarded Respondent $6,051,589 in damages. The Supreme Court reversed and remanded for a new trial, holding that the district court abused its discretion in excluding testimony of an expert on security and crowd control, and the error was not harmless. View "FCH1, LLC v. Rodriguez" on Justia Law

by
Steve Jacobs filed a wrongful termination complaint against Las Vegas Sands Corp. (LVSC) and Sands China Ltd. after he was fired as chief executive officer of the Sands China unit. Jacobs made several allegations in the complaint against Sheldon Adelson, the chief executive officer and majority shareholder of LVSC, personally. The case received widespread media attention, and after the Wall Street Journal published Adelson’s response to the allegations, Jacobs amended his complaint to add a claim for defamation per se against Adelson. The district court dismissed the defamation claim, determining that Adelson’s statements to the media were absolutely privileged communications relating to litigation. The Supreme Court reversed, holding that communications made to the media in an extrajudicial setting are not absolutely privileged when the media holds no more significant interest in the litigation than the general public. View "Jacobs v. Adelson" on Justia Law

by
Appellant, on behalf of her daughter, Sarah, filed a wrongful death action under Nev. REv. Stat. 41.085(4) against Wal-Mart Stores, Inc. after Sarah’s father was fatally assaulted in a Wal-Mart parking lot. The district court dismissed Plaintiff’s action against Wal-Mart, concluding that claim preclusion barred the case because the decedent’s estate, along with three of the decedent’s heirs, had already filed a wrongful death lawsuit under 41.085(5) against Wal-Mart and lost. The Supreme Court affirmed the dismissal but on issue preclusion grounds, holding that Appellant was barred from relitigating the issue of Wal-Mart’s negligence because it had already been established, in the case brought by the estate on her behalf, that Wal-Mart was not negligent and thus, not liable. View "Alcantara v. Wal-Mart Stores, Inc." on Justia Law

by
Appellants were injured in automobile accidents, but Geico, which insured both Appellants, denied coverage of their medical expenses. Appellants subsequently instituted a class action of behalf of themselves and others similarly situated, alleging that Geico violated Nev. Rev. Stat. 687B.145(3), which provides that a motor vehicle insurer must offer its insured the option of purchasing medical payment coverage, because, while Geico may have offered its insureds medical payment coverage, it did not obtain written rejections from them of the offered coverage. The district court granted Geico’s motion to dismiss. The Supreme Court affirmed, holding that section 687B.145(3) does not require a written rejection of medpay coverage, and therefore, Appellants’ claims failed. View "Wingco v. Gov't Employees Ins. Co." on Justia Law

by
Plaintiffs filed a civil complaint against The Power Company, Inc. (“TPCI”) and TPCI’s president, Rick Rizzolo. Less than five years after Plaintiffs filed their action, they entered into a settlement agreement with TPCI and Rizzolo providing that Plaintiffs would receive $9 million upon the sale of Crazy Horse Too, which TPCI owned. More than five years after Plaintiffs filed their complaint, TPCI and Rizzolo filed two motions to dismiss Plaintiffs’ action under Nev. R. Civ. P. 41(e) for want of prosecution. The district court denied the motions. After the Crazy Horse Too sold at a foreclosure sale, Plaintiffs filed a third motion to reduce the settlement agreement to judgment. The district court granted the motion. TPCI and Rizzolo appealed. The Supreme Court affirmed, holding (1) Rule 41(e)’s provision requiring dismissal for want of prosecution does not apply to an action in which the parties enter into a binding settlement agreement before Rule 41(e)’s five-year deadline has expires, and therefore, the district court properly denied TPCI and Rizzolo’s motions to dismiss for want of prosecution; and (2) the district court did not err in reducing the parties’ settlement agreement to judgment. View "The Power Co., Inc. v. Henry" on Justia Law

by
After Appellants purchased condominiums and engaged in related transactions at the Las Vegas Cay Club resort, Appellants filed suit against dozens of defendants, including Cay Clubs, Jeffrey Aeder, and JDI Loans, LLC and JDI Realty, LLC (together, the JDI entities), alleging that Defendants engaged in wrongdoings while abandoning a plan to improve Las Vegas Cay Club and leaving Appellants with “worthless property.” Appellants claimed that they bought the condominiums on the belief that a partnership between Cay Clubs and the JDI entities existed that would provide the expertise and resources to execute the resort’s transformation. Aeder and the JDI entities successfully moved for summary judgment with respect to their liability under Nev. Rev. Stat. 87.160(1), which codifies the partnership-by-estoppel doctrine. The Supreme Court reversed after clarifying the meaning and application of section 87.160(1), holding that the district court erred in granting summary judgment to the JDI entities with regard to their liability under the partnership-by-estoppel doctrine. View "In re Cay Clubs" on Justia Law

by
Appellant-homeowners filed a complaint against Respondent-contractor for negligence and breach of warranty arising from construction defects in their homes. After a trial, the jury awarded verdicts for each homeowner. Appellants and Respondent subsequently filed motions for costs and attorney fees, which the district court denied. The Supreme Court (1) affirmed the district court’s order denying Appellants’ motion for a new trial for attorney misconduct, and (2) affirmed the district court’s denial of costs or attorney fees to Appellants, but reversed the court’s order as it related to Respondent’s motion for costs and attorney fees because the court failed to apply the full, applicable legal analysis in this instance. Remanded. View "Gunderson v. D.R. Horton, Inc." on Justia Law

by
Appellants filed this personal injury action against Jane Liles and her daughter, Susan Liles, for damages arising from a car accident in Nevada. Both Jane and Susan were California residents. At issue in this case was whether Jane, a nonresident defendant, was subject to personal jurisdiction in Nevada. The district court granted Jane’s motion to dismiss the complaint due to lack of personal jurisdiction. The Supreme Court reversed, holding (1) Jane was not subject to personal jurisdiction in Nevada by virtue of (i) Susan’s unilateral use in Nevada of the vehicle involved in the car accident, (ii) the accident arising from Susan’s use of the vehicle, or (iii) Jane's motion to consolidate in a Nevada court the several cases stemming from the accident; but (2) Jane might be subject to jurisdiction in Nevada based on an interpleader action filed in Nevada by Jane’s insurance company. Remanded. View "Dogra v. Liles" on Justia Law