OPINION By the Court, PICKERING , J. : This is an appeal from an order dismissing a litigation malpractice suit as time-barred. Nevada follows the rule that a litigation malpractice claim does not accrue, and the two-year statute of limitations in NRS 11.207(1) does not start to run, until the client's damages are no longer contingent on the outcome of an appeal. This case asks us to determine how this rule applies when, without seeking a stay of remittitur from this court, the client...
OPINION By the Court, STIGLICH J. : This medical malpractice suit requires us to determine whether a tooth injury is "directly involved" or "proximate" to a hysterectomy that required an endotracheal intubation to safely anesthetize the patient. NRS 41A.100(1)(d). We hold that it is not. Therefore, the patient was not required to attach a medical expert's affidavit to her complaint, so the district court erred in dismissing her suit. Accordingly, we reverse and remand. FACTS AND...
OPINION By the Court, PICKERING , J. : The Nevada workers' compensation system provides the exclusive remedy an employee has against his or her employer for a work-related injury. This case requires us to decide whether an injury arising from an employer's failure to provide medical assistance to an employee suffering a stroke arose out of and in the course of the employment. We hold that it did. Because an employee's sole remedy for such an injury is workers' compensation, we affirm...
OPINION PER CURIAM : The district court denied appellant Randolph Moore's postconviction petition for a writ of habeas corpus as procedurally barred without conducting an evidentiary hearing. We affirm. 2 Moore was convicted of first-degree murder and sentenced to death for his involvement in killing his friend Dale Flanagan's grandparents. See Flanagan v. State, 112 Nev. 1409, 1412, 930 P.2d 691 , 693 (1996). Moore filed the postconviction petition at issue in this case on September...
OPINION By the Court, CHERRY , J. : These consolidated original petitions for writs of mandamus challenge a district court order directing that the minor child be removed from her current adoptive foster home and placed with maternal relatives in Georgia based on a familial placement preference under NRS 432B.550(5). Because the placement order was entered after parental rights to the child were terminated, the parties dispute whether the statutory preference for placement with a family...
OPINION By the Court, STIGLICH , J. : Under the doctrine of issue preclusion, a Nevada court defers to a foreign court's final judgment resolving an issue between litigants if those same litigants previously litigated the same issue before the foreign court. However, the Nevada court does not defer to the foreign court's final judgment if it contravenes a final judgment previously entered by a Nevada court. The question to be resolved in this appeal is whether a Nevada district court's...
OPINION By the Court, GIBBONS , J. : This petition asks this court to determine whether the time to appeal outlined in the Justice Court Rules of Civil Procedure (JCRCP), specifically the time set forth in JCRCP 98, is jurisdictional and mandatory, therefore removing from the district court's jurisdiction an untimely appeal from justice court. FACTS AND PROCEDURAL HISTORY This case arose originally as a small claims action in the Las Vegas Justice Court Township. Petitioner Peter...
