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   State Courts - Nevada - June 28, 2007

  
Arata v. Faubion, No. 43993, SUPREME COURT OF NEVADA, June 28, 2007, Filed
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Overview: Even though Nev. Rev. Stat. § 41.440 was found to be constitutional under U.S. Const. amend. XIV under the rational basis test because it did not implicate fundamental rights or discriminate against a suspect class, a stepfather should not have been found to be an immediate family member as a matter of law in a negligence case.

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Callie v. Bowling, No. 46379, SUPREME COURT OF NEVADA, June 28, 2007, Filed
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Overview: Due process rights of a corporate officer, who had not participated in the underlying proceedings and was never served with the complaint, were violated when he was added to a judgment as an alter ego. A judgment creditor who wished to assert an alter ego claim had to do so in an independent action against the alleged alter ego.

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Ellis v. Carucci, No. 43925, SUPREME COURT OF NEVADA, June 28, 2007, Filed
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Overview: Modification of custody under Nev. Rev. Stat. § 125.510 was warranted where a child's academic performance was slipping because there had been a substantial change in circumstances affecting the welfare of the child, and the modification served the child's best interest. Standard in Murphy v. Murphy, 84 Nev. 710, 447 P.2d 664 (1968) was overruled.

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In re Discipline of Droz, No. 48331, SUPREME COURT OF NEVADA, June 28, 2007, Filed
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Overview: Jurisdiction was exercised pursuant to Nev. Sup. Ct. R. 99 over an attorney who had been disbarred in Utah and was not admitted to practice law in Nevada because his misconduct affected Nevada citizens, a Nevada lawyer, and the Nevada court system, although the sanctions to be imposed had to be tailored to his lack of a Nevada law license.

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Schuster v. Eighth Judicial Dist. Court of Nev., No. 47314, SUPREME COURT OF NEVADA, June 28, 2007, Decided
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Overview: State had no duty, under Nev. Rev. Stat. § 172.145(2), to instruct a grand jury on the legal significance of exculpatory evidence because there was no constitutional or statutory ground for requiring such instruction, which would not comport with a grand jury's traditional investigative, accusatory role.

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Valdez v. Emplrs Ins. Co., No. 44507, SUPREME COURT OF NEVADA, June 28, 2007, Filed
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Overview: A petition for judicial review of an insurer's directive that a worker had to submit to a change in treating physicians and select a physician within a contracted managed-care organization was properly denied as Nev. Rev. Stat. § 616C.090 was procedural and remedial and as such, it applied retroactively to the worker's claim for benefits.

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