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   State Courts - Nevada - January 19 - February 2, 2006

  
Bedore v. Familian, No. 42075, SUPREME COURT OF NEVADA, January 19, 2006, Decided
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Overview: Although the corporation's directors breached their fiduciary duties by taking excess salaries and usurping a corporate opportunity, their misconduct did not amount to fraud justifying a buy-out, but under Nev. Rev. Stat. § 78.7502(2), the directors were not entitled to indemnification for conduct constituting bad faith and intentional misconduct.

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George v. State, No. 41638, SUPREME COURT OF NEVADA, January 19, 2006, Decided
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Overview: Defendant was entitled to a new trial when defendant filed a notice of appeal after he was convicted of sexual assault and lewdness with a minor, but before a final judgment was entered, because the notice of appeal was never transmitted to the supreme court and defendant was deprived of his right to appeal.

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Moore v. State, No. 43248, SUPREME COURT OF NEVADA, January 19, 2006, Decided
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Overview: In trial for fraudulent use of credit card, conviction was improper because jury was improperly instructed on element of offense. Under Nev. Rev. Stat. § 205.760(1)(a), presentment alone did not constitute use when card was never processed, and defendant never obtained goods.

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Waddell v. L.V.R.V. Inc., No. 43149, SUPREME COURT OF NEVADA, January 19, 2006, Decided
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Overview: Substantial evidence existed to support revocation of acceptance of RV under Nev. Rev. Stat. § 104.2608(1); chronic engine overheating problems substantially impaired RV's value to purchasers who had wanted to spend 2 or 3 years driving it around the country, and it was in service department for 213 days during 18 months immediately after purchase.

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Int'l Fid. Ins. Co. v. State, No. 41324, No. 41325, No. 41326, No. 41327, No. 41328, No. 41329, No. 41330, No. 41331, SUPREME COURT OF NEVADA, February 2, 2006, Decided
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Overview: Because no rule or statute authorized appeals from district court orders denying a motion to remit surety bond or any other order entered in an ancillary bail bond proceeding, the orders were not appealable. Therefore, the Nevada Supreme Court dismissed the appeals.

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