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   State Courts - Nevada - July 13, 2006

  
Mikohn Gaming v. Espinosa, No. 44014, SUPREME COURT OF NEVADA, July 13, 2006, Decided
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Overview: Pursuant to Nev. Rev. Stat. § 233B.130(2)(c) and Nev. R. Civ. P. 5(b)(2)(B), first employer had 33 days to file petition for review, which was timely, and district court had jurisdiction. First employer bore liability as last employer with casual relation to employee's injury as employee's left knee pain was a mere recurrence of his earlier injury.

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Shoen v. Sac Holding Corp., No. 41563, SUPREME COURT OF NEVADA, July 13, 2006, Decided
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Overview: When a shareholder's demand prior to a derivative action would be made to the same board that voted to take (or reject) an action, a shareholder asserting demand futility had to allege, with particularity, facts that raised a reasonable doubt as to the directors' independence or their entitlement to protection under the business judgment rule.

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State v. Powell, No. 45263, SUPREME COURT OF NEVADA, July 13, 2006, Decided
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Overview: After a trial court granted respondent habeas corpus relief by vacating his death sentence and ordering a new penalty hearing, the State was not entitled to relief under Nev. Rev. Stat. § 34.800 where the lengthy time that passed in the case was not attributable to respondent. Respondent's claim was not procedurally barred.

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Volvo Cars of N. Am., Inc. v. Ricci, No. 45439, SUPREME COURT OF NEVADA, July 13, 2006, Decided
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Overview: In product liability action against automobile manufacturer, court declined to answer certified questions posed by federal court concerning admissibility of government and industry automobile safety standards because certification was not appropriate under Nev. R. App. P. 5(a); answers to questions would not "be determinative" of any part of case.

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