OPINION By the Court, HARDESTY , J. : This court determined in Thomas v. Nevada Yellow Cab Corp., 130 Nev. ___, ___, 327 P.3d 518 (2014), that the Minimum Wage Amendment, Article 15, Section 16 of the Nevada Constitution, enacted by the voters in 2006, impliedly repealed NRS 608.250(2)(e)'s exemption of taxicab drivers from minimum wage requirements. In this opinion, we consider whether our holding in Thomas is effective from the date the opinion was published in 2014, only, or...
OPINION By the Court, DOUGLAS , J. : The Minimum Wage Amendment (MWA) to the Nevada Constitution guarantees a base wage to Nevada workers. Under the MWA, if an employer "provides" health benefits, it may pay its employees a lower minimum wage than if no such health benefits are provided. In these consolidated cases, we address two issues concerning the interpretation of the MWA. First, we consider whether "provides" means that an employer must "enroll" an employee in a qualifying health...
OPINION By the Court, HARDESTY , J. : In 2015, the Nevada Legislature passed the Education Savings Account (ESA) program, which allows public funds to be transferred from the State Distributive School Account into private education savings accounts maintained for the benefit of school-aged children to pay for private schooling, tutoring, and other non-public educational services and expenses. Two separate complaints were filed challenging the ESA program as violating several provisions...
OPINION By the Court, CHERRY , J. : Nevada's statute of limitations for actions on judgments, NRS 11.190(1)(a), provides that an action to enforce the provisions of a judgment or decree from any state or federal court be commenced within six years. NRS 11.200 dictates that the limitations period commences "from the last transaction or the last item charged or last credit given." In the underlying district court action, appellant Dawnette Davidson moved the family division of the district...
OPINION By the Court, CHERRY , J. : In this matter, we consider whether an unconditional release from a bottom-tiered contractor (Cashman) to a higher-tiered contractor (Mojave) is enforceable when the higher-tiered contractor properly paid the middle-tiered contractor (Cam) but the middle-tiered contractor failed to pay the bottom-tiered contractor. We conclude that NRS 108.2457(5)(e) precludes enforcement of the release when the check given in exchange for the release is not honored...
OPINION By the Court, PICKERING , J. : This appeal requires us to interpret NRS 40.455 and NRS 40.4639 and to decide whether, in the context of a suit by an undersecured creditor on a commercial guaranty, a pre-foreclosure complaint for the deficiency allowed by NRS 40.495(4) satisfies the requirements of NRS Chapter 40. We hold that it does and therefore reverse the district court's summary judgment in favor of the guarantor. I. Respondent Murray Petersen defaulted on a commercial...
OPINION By the Court, HARDESTY , J. : The district court reversed real party in interest Jennifer Schneider's misdemeanor driving under the influence conviction when it found that the justice court's comments at sentencing showed bias that undermined both the sentence and the fairness of the trial. We conclude that the district court did not abuse its discretion when it found the justice court's comments at sentencing indicated a bias against Schneider. However, in fashioning a remedy,...
OPINION By the Court, HARDESTY , J. : NRS 41A.071 requires that a medical expert affidavit be filed with "medical malpractice" claims. 1 Real party in interest Kelli Barrett filed a complaint without an expert affidavit against petitioners Humboldt General Hospital and Sharon McIntyre, M.D., that included a battery claim based on an alleged lack of informed consent. In this case, we determine whether a battery claim against a medical provider based on an allegation of lack of informed...
OPINION By the Court, SAITTA J. : As any trial attorney is aware, the jury voir dire process can be as important to the resolution of their claim as the trial itself. In this case we are asked to consider whether an attorney may ask prospective jurors questions concerning a specific verdict amount to determine potential bias or prejudice against returning large verdicts and whether repeatedly asking questions about that specific verdict amount results in jury indoctrination warranting a...
OPINION By the Court, DOUGLAS , J. : In this writ petition challenging a district court order denying exoneration of a bail bond, we are asked to consider whether Nevada's statutory scheme governing bail bonds provides for automatic exoneration of a surety bond when a defendant is remanded to custody or convicted. We conclude that NRS 178.509's plain language does not espouse such an intent. Accordingly, we deny writ relief. FACTS On September 18, 2013, Norman Dupree was arrested and...
OPINION By the Court, CHERRY , J. : NRS 18.015(3) requires an attorney to perfect a lien by serving notice "upon the party against whom the client has a cause of action, claiming the lien and stating the amount of the lien." NRS 18.015(4) provides that the lien attaches to recovery "from the time of service of the notices required." In contingency cases, it can be impossible for an attorney to know the exact amount of the lien because the attorney's percentage is based upon the ultimate...
OPINION By the Court, GIBBONS , J. : In this opinion, we consider whether a creditor's amended complaint seeking a deficiency judgment against petitioner may relate back to a timely complaint against a different party pursuant to NRCP 15(c), so as to satisfy NRS 40.455(1)'s six-month deadline for an application for a deficiency judgment against petitioner. We conclude that the district court erred in permitting real party in interest's amended complaint to relate back to the timely...
OPINION By the Court, PARRAGUIRRE , C.J. : Under NRS 125.040(1)(c), a district court has discretion in a divorce suit to require one party to pay an amount of money necessary to assist the other party in carrying on or defending the suit. In this appeal, we are asked to determine whether this statute grants the district court subject matter jurisdiction to award a party attorney fees pendente lite to defend against an appeal. We hold that a district court does have jurisdiction to award...
OPINION By the Court, HARDESTY , J. : In this appeal, we are asked to consider whether common-law principles referenced in NRS 463.0129(3)(a) permit gaming establishments to exclude from their premises any person for any reason. We generally adopt the majority common-law rule permitting the exclusion of persons for any reason that is not discriminatory or otherwise unlawful. FACTS AND PROCEDURAL HISTORY Respondent Caesars Entertainment Corporation owns and operates a number of casinos...
OPINION By the Court, HARDESTY , J. : In this appeal, we determine whether a superpriority lien for common expense assessments pursuant to NRS 116.3116(2) 2 includes collection fees and foreclosure costs incurred by a homeowners' association (HOA). We conclude that it does not. Additionally, we consider whether an HOA's covenants, conditions, and restrictions (CC & Rs) that purport to create a superpriority lien covering certain fees and costs over six months preceding foreclosure...
OPINION PER CURIAM : In this appeal, appellant seeks to set aside the parties' property settlement agreement incorporated into the divorce decree on the ground of mutual mistake and to join his sister as a third party to the action because she allegedly had an unresolved interest in certain real property, which was distributed as a community asset under the settlement agreement. We conclude that there was no mutual mistake because the parties were aware at the time they negotiated the...
OPINION By the Court, SAITTA , J. : This opinion addresses whether the State's warrantless access of historical cell site location data obtained from a cell phone service provider pursuant to the Stored Communications Act, 18 U.S.C. 2703(d), violates the Fourth Amendment. We hold that it does not because a defendant does not have a reasonable expectation of privacy in this data, as it is a part of business records made, kept, and owned by cell phone providers. Thus, the "specific and...
OPINION By the Court, HARDESTY , J. Nevada's first-degree kidnapping statute makes it a category A felony to "lead[], take[], entice[], or carr[y] away or detain[] any minor with the intent to keep, imprison, or confine the minor from his or her parents, guardians, or any other person having lawful custody of the minor...." NRS 200.310(1) (emphasis added). Appellant argues NRS 200.310(1)'s "intent to keep" language is ambiguous, and there was insufficient evidence to convict him using...
OPINION By the Court, CHERRY , J. : The parties disputed who had rights to certain spring waters and the State Engineer adjudicated those rights, entering a final order of determination under NRS 533.160. The matter was then set for a hearing in district court as required by NRS 533.170. NRS 533.170 allows a party aggrieved or dissatisfied by the State Engineer's final determination to file a notice of exceptions in district court, setting forth the exceptions taken to that determination...
OPINION By the Court, CHERRY , J. : Jason Duval McCarty was convicted of multiple felony counts related to the kidnapping and murder of Charlotte Combado and Victoria McGee. In two interviews with police after his initial appearance before a magistrate, McCarty denied killing the women or being present when they were killed, instead implicating Domonic Malone, but he admitted to helping to discard evidence. The district court denied a motion to suppress the statements made in those...
