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| Cable v. State ex rel. ITS Emplrs. Ins. Co., No. 43402,
SUPREME COURT OF NEVADA, February 9, 2006, Decided
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Overview: Summary judgment in favor of the Employers Insurance Company of Nevada was reversed and remanded because the buyout provision of Nev. Rev. Stat. § 286.3007(3)(b) applied to former State Industrial Insurance System employees who were eligible to retire at either full or reduced benefits.
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| In re Discipline of Peirce , No. 45553,
SUPREME COURT OF NEVADA, February 9, 2006, Decided
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Overview: The suspension of the attorney's license to practice law in Nevada was proper where the United States Patent and Trademark Office (USPTO) was deemed "another jurisdiction" under Nev. Sup. Ct. R. 114, so that reciprocal discipline in Nevada for the attorney's misconduct penalized by the USPTO was appropriate.
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| Int'l Game Tech., Inc. v. Second Judicial Dist. Court, No. 43882, No. 43953,
SUPREME COURT OF NEVADA, February 9, 2006, Decided
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Overview: Private plaintiffs brought false claims actions against retailers arising out of alleged tax deficiencies. District courts manifestly abused their discretion in denying Attorney General's motion to dismiss because State expressed legitimate governmental reason; leaving tax-based false claims actions to tax department's expertise was "good cause."
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| J.A. Jones Constr. Co. v. Wilmington Trust Co. (In re Resort at Summerlin Litig.), No. 38362, No. 39239,
SUPREME COURT OF NEVADA, February 9, 2006, Decided
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Overview: Bank made no express statement to be bound by Nev. Rev. Stat. § 106.360; thus common law applied and bank's deed of trust and future advances maintained priority over claimants' mechanic's liens based on recording date of deed of trust, but bank was denied fees and costs under Nev. Rev. Stat. §§ 108.237(3) and 108.239 as it was not a lien claimant.
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| Mason v. Cuisenaire, No. 40338,
SUPREME COURT OF NEVADA, February 9, 2006, Decided
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Overview: Inter alia, North Carolina divorce decree was entitled to full faith and credit and that state's law controlled; district court's award of child support arrearages under Nev. Rev. Stat. § 125B.030 was abuse of discretion; statute only permitted pre-decree support as child support had not been requested in divorce and decree had not ordered it.
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| McCrary v. Bianco, No. 40782,
SUPREME COURT OF NEVADA, February 9, 2006, Decided
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Overview: District court erred in not including pre-offer prejudgment interest in the comparison between the offer and the judgment entered at trial because the offer should be construed against the contractor to allow the pre-offer prejudgment interest to be included with the judgment in comparing the judgment with the offer.
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| Redeker v. Eighth Judicial Dist. Court, No. 45083,
SUPREME COURT OF NEVADA, February 9, 2006, Decided
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Overview: Mandamus relief was warranted when State alleged, in intent to seek death penalty notice pursuant to Nev. Rev. Stat. § 200.033 and Nev. Sup. Ct. R. 250, that petitioner previously was convicted of arson; this allegation did not support aggravator because State failed to show alleged arson involved use of, or threat of, violence to another person.
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| State Drywall, Inc. v. Rhodes Design & Dev., No. 42422,
SUPREME COURT OF NEVADA, February 9, 2006, Decided
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Overview: Trial court should have awarded a subcontractor prejudgment interest on two payments a general contractor made to the subcontractor before trial and added that prejudgment interest to the judgment in making a comparison to the general contractor's offer of judgment under Nev. Rev. Stat. § 17.115(5) and Nev. R. Civ. P. 68(g).
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| Sustainable Growth Initiative Comm. v. Jumpers, LLC, No. 41118,
SUPREME COURT OF NEVADA, February 9, 2006, Decided
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Overview: SGI with building cap, while not in perfect conformity with every master plan policy, did substantially comply with plan as required by Nev. Rev. Stat. § 278.250 in that it mirrored the concerns of the plan and the cap, based on 2 % growth rate, was consistent with plan and was not arbitrary and capricious.
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| Thomas v. City of N. Las Vegas, No. 39639, No. 42148, No. 42641,
SUPREME COURT OF NEVADA, February 9, 2006, Decided
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Overview: Policemen were properly denied attorney fees in action to compel arbitration of city's decision to discharge them because there was no money judgment and they failed to show city's defense was groundless as required by Nev. Rev. Stat. § 18.010(2)(a), (b); also, they failed to establish arbitrator's evident partiality under Nev. Rev. Stat. § 38.145.
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