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Lopez v. Lopez, 139 Nev. Adv. Op. 54 (Nov. 30, 2023)
Get PDFThe Nevada Supreme Court affirmed the district court’s decision in regard to a revocable inter vivos trust dispute following a divorce. First, they determined that a revocable inter vivos family trust isn’t a necessary party in a divorce action where the spouses are co-trustees, co- settlors, and beneficiaries. Second, the district court has jurisdiction to distribute community assets held in a revocable inter vivos trust
Rolling the Dice with Disability Rights: A Critique of the Exclusion of Gambling Disorder from the Americans With Disabilities Act
Get PDFCasinos, Covid, and Coverage: Jurisprudential and Insurance Implications of a Litigation Pandemic
Get PDFIn re: D.C., Jr., 140 Nev. Adv. Op. 25 (Apr. 18, 2024)
Get PDFIn order for a juvenile defendant to be found competent to proceed to a certification hearing, courts must consider the full context of the juvenile’s case and the juvenile must understand what the stakes are should if they are certified for proceedings in adult criminal court. Such a finding of competency must be supported by substantial evidence.
On appeal from a district court order certifying a juvenile for criminal proceedings as an adult, the Nevada Supreme Court considered whether the juvenile court applied an appropriate standard to determine the juvenile’s competence, and whether the determination was supported by substantial evidence. The Nevada Supreme Court ruled that it was an error to proceed to the certification hearing because the juvenile court did not properly resolve the juvenile’s competency challenge beforehand
Capital Advisors, LLC vs. Cai, 140 Nev. Adv. Op. 34 (May 23, 2024)
Get PDFThe Nevada Supreme Court consolidated appeals from district court orders granting a motion for summary judgement on a case involving the liability of officers and directors of a parent company who allegedly had knowledge of actions adverse to the parent company conducted by a wholly owned subsidiary. The court affirmed the decision of the district court in part, reversed in part, vacated in part, and remanded
The Heights of Summerlin v. District Ct. (Crupi), 140 Nev. Adv. Opn. No. 65 (October 3, 2024)
Get PDFHealthcare facilities are not granted immunity under the Public Readiness and Emergency Preparedness Act (PREP Act) or Nevada’s Emergency Directive 011 (Directive 011) for a lack or failure to mitigate the spread of COVID-19. To be granted immunity from liability under the PREP Act, the complaint must allege a covered countermeasure or a prioritization of another method over a covered countermeasure. A general lack of action will not suffice. Under Directive 011, the drafters’ intentionally chose to exclude healthcare facilities from the language, thus affirming that healthcare facilities are not immune from liability
Failing to See What\u27s in Front of Our Eyes: The Effect of Cognitive Errors on Corporate Scandals
Get PDFWhy do we believe flim-flam artists so readily, especially in the business and commercial realm? This Article explores four reallife versions of “The Emperor’s New Clothes” fable—FTX, WeWork, Theranos, and a former bankruptcy judge’s hidden romance— and asks why people bought into the hype. Where were the warning signs, and how might we better spot those signs in the future