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| Anvui, LLC v. G.L. Dragon, LLC, No. 48467,
SUPREME COURT OF NEVADA, July 26, 2007, Filed
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Overview: Summary eviction, Nev. Rev. Stat. § 40.253(6), was not appropriate, given legal defense based on unresolved issues of material fact, as lease agreement was ambiguous as to action respondent could take in event of default. Ambiguity created genuine issue of material fact as to parties' intent, which was legal defense to request for summary eviction.
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| Herup v. First Boston Fin., LLC, No. 45773,
SUPREME COURT OF NEVADA, July 26, 2007, Filed
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Overview: Judgment was reversed and remanded because the court failed to determine whether a fraudulent transfer occurred under Nev. Rev. Stat. § 112.180(1)(a), which was a prerequisite to setting aside the transfer or imposing damages, and failed to determine whether the LLC acted in good faith in purchasing the small business from the original owners.
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| Manwill v. Clark County, No. 48362,
SUPREME COURT OF NEVADA, July 26, 2007, Filed
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Overview: Firefighter with more than 5 years' service who had a preexisting heart condition was entitled to a conclusive presumption under Nev. Rev. Stat. § 617.457(1) that his heart disease was work-related because the plain language of § 617.457(1) relieved him from having to demonstrate that his occupation contributed to his disease altogether.
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| Nelson v. Heer, No. 45571,
SUPREME COURT OF NEVADA, July 26, 2007, Filed
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Overview: District court improperly entered judgment in favor of home purchaser as once water damage was repaired, it no longer constituted condition that materially lessened value or use of house, accordingly, seller did not have a duty under Nev. Rev. Stat. §§ 113.100(1), .140(1), or .150(4) to disclose the prior water damage or possible presence of mold.
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| Rose v. State, No. 44398,
SUPREME COURT OF NEVADA, July 26, 2007, Filed
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Overview: In a case in which defendant was convicted of 20 counts of sexual assault against a minor, the victim's testimony that the charged incidents occurred every weekend or nearly every weekend during a particular extended time period, along with her description of the conduct, provided sufficient particularity to support defendant's conviction.
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| Halverson v. Hardcastle, No. 49453,
SUPREME COURT OF NEVADA, July 27, 2007, Filed
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Overview: While the chief judge properly appointed the three-judge committee under Nev. 8th J. Dist. Ct. R. 1.30(b)(16) to address issues related to the district judge's conduct on and off the bench, the chief judge did not have the authority to require the district judge to meet with the committee or to ban her from the courthouse for failing to do so.
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| Gallegos v. State, No. 44782,
SUPREME COURT OF NEVADA, August 2, 2007, Filed
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Overview: Nev. Rev. Stat. § 202.360(1)(b) was unconstitutionally vague and violated the Fourteenth Amendment as it failed to define the term "fugitive from justice"; it gave inadequate notice of who the Legislature intended to prohibit from possessing a firearm and lacked specific standards, allowing for its arbitrary and discriminatory enforcement.
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| Marcuse v. Del Webb Cmtys., Inc., No. 44508, No. 44753,
SUPREME COURT OF NEVADA, August 2, 2007, Decided
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Overview: Inter alia, as unnamed homeowners were parties to class action they had standing to object to proposed settlement and since unnamed class members who were unable to opt out of settlement had to be permitted opportunity to preserve their own interests, they also had standing to challenge court's approval of settlement on appeal from final judgment.
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| State v. Ruscetta, No. 47047,
SUPREME COURT OF NEVADA, August 2, 2007, Decided
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Overview: Decision to suppress evidence in a drugs and weapons case was remanded because a trial court failed to hold an evidentiary hearing or make written findings of fact; however, it was clarified that the proper analysis for consensual vehicular searches under the Fourth Amendment was a traditional reasonableness approach.
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