OPINION By the Court, CHERRY, C.J.: During a trip to a Costco membership warehouse store, appellant Stephen L. Foster tripped and fell over a wooden pallet, which had been positioned in an aisle of the warehouse by a Costco employee. Thereafter, Foster filed a complaint against Costco for injuries sustained from his fall. Costco subsequently moved for summary judgment. The district court granted summary judgment to Costco, holding that Costco had not breached its duty of care because the...
OPINION By the Court, GIBBONS, J.: In this opinion, we address the juvenile court's 1 role when reviewing an objection to a dependency master's findings of fact and recommendation in an abuse and neglect proceeding. Although the juvenile court may adopt the master's findings of fact unless they are clearly erroneous, a master's findings and recommendations are only advisory, and the juvenile court is not obligated to adopt them. The juvenile court ultimately must exercise its own...
OPINION By the Court, PARRAGUIRRE, J.: In this opinion, we consider whether a shipper's state-law claim for conversion is necessarily preempted by the Carmack Amendment's federal liability limitation for interstate carriers, where the carrier was not authorized to take possession of the shipper's property but did so for its own gain. Recognizing that the Carmack Amendment does not apply in cases of true conversion, we conclude that sufficient evidence supports the district court's findings...
OPINION By the Court, DOUGLAS, J.: In this appeal, we consider whether a district court committed reversible error by dismissing a prospective juror before conducting a hearing pursuant to Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and whether there was sufficient evidence to support a kidnapping conviction. We hold that when a defendant asserts a Batson violation, it is a structural error to dismiss the challenged juror prior to conducting the Batson...
OPINION By the Court, HARDESTY, J.: Several pending motions in this case provide us with the opportunity to address the procedures and requirements for sealing documents and records in criminal cases pending in this court. We hold that documents filed in this court are presumptively open to the public unless we exercise our inherent authority and grant a motion to file specific documents under seal based on a showing that such action is required by law or an identified significant competing...
OPINION By the Court, DOUGLAS, J.: This writ petition arises from construction-defect litigation between a homeowners' association and a developer. In it, the developer challenges the district court's decision to allow the association to proceed in a purely representative capacity without strictly meeting NRCP 23's class action requirements, as set forth in D.R. Horton v. District Court (First Light II), 125 Nev. 449, 215 P.3d 697 (2009). We clarify that, while purely representative...
OPINION PER CURIAM: This case comes before the court on the respondents' motion to substitute themselves as the real parties in interest and to dismiss the appeal. Respondents acquired appellants' rights and interests in the underlying district court action at a judgment execution sale. Appellants oppose the motion. In moving to substitute in as real parties in interest and dismiss the appeal, respondents seek to foreclose appellants' defenses to respondents' own claims, which were...
OPINION By the Court, PICKERING, J.: Nevada has adopted the Uniform Arbitration Act of 2000, codified in NRS 38.206 to 38.248(UAA). See NRS 38.206; 2001 Nev. Stat., ch. 280, 1-44, at 1274-87. The UAA provides for judicial review and enforcement of arbitration awards. It provides that the winning party can move the district court for an order confirming the award, NRS 38.239, and gives the losing party 90 days from the date of notice of an adverse arbitration award to move the district...
OPINION By the Court, PICKERING, J.: This appeal arises out of the Nevada Foreclosure Mediation Program (FMP). When mediation did not produce a loan modification, appellant Arthur Einhorn filed a petition for judicial review in district court. The petition asked for sanctions against respondent BAC Home Loans Servicing, LP (BAC), alleging that BAC failed to comply with the FMP's document production and good faith requirements. See NRS 107.086(4). After briefing and argument, the district...
OPINION By the Court, HARDESTY, J.: In these appeals, we consider what effect specific contract language has on an indemnitor's duty to indemnify and defend an indemnitee in a personal injury action, where that language provides that indemnification will occur "to the extent" that any injury or damage is "caused" by the indemnitor. Appellant United Rentals Highway Technologies, Inc., contracted to provide traffic control on a road improvement project coordinated and facilitated by...
OPINION By the Court, DOUGLAS, J.: In this appeal we address, for the first time, the level of discretion that a county has to determine how much to fund a regional health district under NRS 439.365, which sets forth the budgeting and funding process for health districts in counties with populations over 700,000. Under this statute, we address whether counties have the discretion to fund a health district in an amount less than that requested by the health district, or whether the county...
OPINION By the Court, SAITTA, J.: Parties facing a civil proceeding and a simultaneous criminal investigation often confront unpleasant choices. They may, for instance, be put to the choice of providing testimony in the civil proceeding that might be used by criminal investigators, or asserting their Fifth Amendment privilege against self-incrimination to the detriment of their defense of the civil suit. Yet while such a situation may require a party to make difficult decisions, and although...
OPINION By the Court, CHERRY, C.J.: In this appeal, we examine the causation tests that courts have implemented when a plaintiffs or decedent's mesothelioma is alleged to have been caused by exposure to a defendant's asbestos-containing products. We take a balanced approach to find a causation test that is not overly rigorous or too relaxed in order to ensure protection for both manufacturers and consumers. Ultimately, we agree with the majority view and adopt the test set forth in Lohrmann...
OPINION By the Court, PICKERING, J.: A single act can violate more than one criminal statute. When it does, the question arises whether the defendant can, in a single trial, be prosecuted and punished cumulatively for that act. These appeals present specific applications of that question: When the elements of both crimes are met, can a defendant who shoots and hits but fails to kill his victim be convicted of and punished for both attempted murder and battery If he shoots and misses, can he...
OPINION By the Court, HARDESTY, J.: In this opinion, we address the constitutionality of the Clark County Code of Ordinance provisions that establish coroner's inquests into an officer-involved death. Appellants, five Nevada Highway Patrol Officers, contend that the inquest procedures and provisions violate their due process rights under the Nevada Constitution and that, by requiring justices of the peace to preside over the inquest process, the Clark County Board of County Commissioners...
OPINION By the Court, CHERRY, C.J.: The United States Bankruptcy Court for the Southern District of Florida has certified three questions to this court relating to the viability of equitable subrogation and the enforceability of contractual subordination against mechanic's lien claimants under Nevada's mechanic's and materialman's lien statutes, codified in NRS Chapter 108. 2 While we decline to answer the first question, we entertain questions two and three because the answers may be...
OPINION By the Court, HARDESTY, J.: In this appeal, we address a district court's discretion when resolving a petition for release from a special sentence of lifetime supervision. NRS 176.0931(3), the statutory provision governing such petitions, provides that a district court "shall grant a petition for release from a special sentence of lifetime supervision" if certain requirements are met. Based on the plain language of this statute, we conclude that the district court has discretion...
OPINION By the Court, SAITTA, J.: Respondent Nickolas Mark Andrews was in custody at the Pershing County jail when officers discovered a cell phone hidden in a box beneath his bed. The State charged Andrews under NRS 212.093(1), which, in pertinent part, prohibits prisoners, including county jail inmates, from possessing "any key, picklock, bolt cutters, wire cutters, saw, digging tool, rope, ladder, hook or any other tool or item adapted, designed or commonly used for the purpose of...
OPINION By the Court, PICKERING, J.: We consider whether a juvenile detained for delinquency in a state facility is a "prisoner" for purposes of NRS 200.481(2)(f), Nevada's felony battery-by-a-prisoner statute. I. Respondent Javier C. was adjudicated delinquent and committed to the Nevada Youth Training Center (NYTC), "a state facility for the detention or commitment of [delinquent] children." NRS 62A.330. While there, he allegedly battered a group supervisor. The State charged him as an...
OPINION By the Court, GIBBONS, J.: In this appeal, we consider whether NRS 293.805's prohibition against providing compensation to voter registration canvassers based upon the total number of voters a canvasser registers violates the First Amendment to the United States Constitution and/or is unconstitutionally vague. 2 We conclude that NRS 293.805 neither violates the First Amendment nor is unconstitutionally vague, and therefore, we affirm the judgment of conviction. FACTS AND PROCEDURAL...
