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Pepper v. C.R. England, 139 Nev. Adv. Op. 11 (May. 4, 2023)
Get PDFA party moving to dismiss for forum non conveniens fails to meet their evidentiary burden when they fail to submit an affidavit in support of their motion. Additionally, a sister- state-resident plaintiff is “foreign” for the purposes of a forum non conveniens analysis
Does Anybody Really Know What Time It Is?: How the US Supreme Court Defines “Time” Using the Purcell Principle
Get PDFRoe v. Roe [State of Nevada], 139 Nev. Adv. Op. 21 (Jul. 27, 2023)
Get PDFIn a child custody case, the court of appeals clarified Nevada law by (1) defining “sole physical custody” as “a custodial arrangement where the child resides with only one parent and the noncustodial parent’s parenting time is restricted to no significant in-person parenting time” and outlining the considerations required for entering an order for sole physical custody; (2) directing district courts to retain substantive decision-making authority over custodial modifications and parenting time allocations; (3) reiterating that, in family law cases, being a prevailing party alone is not a sufficient basis for an award of attorney fees under NRS 18.010; and (4) clarifying when reassignment of a case to a different judge on remand is appropriate because of the requisite fairness demanded in ongoing child custody proceedings
Iliescu v. The Regional Transportation Commission of Washoe County, 138 Nev. Adv. Op. 72 (Nov. 17, 2022)
Get PDFIn an opinion written by Chief Justice Gibbons, the Court affirmed in part and remanded the district court’s rulings for claims made by the Petitioners. First, the Court held that only tenants could commit waste on the property they are tenants of. Second, injunctive relief may not be a separate cause of action. Third, the Court held that plaintiffs pursuing a breach-of-cause contract claim must show a causal relationship between a breach and damages. Fourth, the Court found that nominal damages may be awarded where other forms of damages could not be found and that nominal damages can be awarded for trespass claims
A Continued Sign of the Court\u27s Unwillingness to Overrule Smith
Get PDFSince its inception, the Supreme Court’s holding in Employment Division v. Smith has been attacked for diluting Free Exercise rights. In recent years, petitioners have asked the Court to reconsider Smith’s soundness. However, de-spite these challenges to Smith’s legitimacy, it has remained the law of the land.
On February 22, 2022, the Court granted certiorari on 303 Creative LLC v. Elenis. Although Petitioner asked the Court to overrule Smith, the Court granted certiorari to answer only a single question: “[w]hether applying a public-accommodation law to compel an artist to speak or stay silent violates the Free Speech Clause of the First Amendment.” This move suggests that Justices Barrett and Kavanaugh remain hesitant to overrule Smith