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| Am. Home Assur. Co. v. Eighth Judicial Dist. Court, No. 47381,
SUPREME COURT OF NEVADA, December 21, 2006, Filed
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Overview: Since workers' compensation insurer waited until shortly before trial to intervene in worker's suit against property owner and failed to show that his representation was inadequate, district court did not abuse its discretion in denying insurer's intervention application, Nev. R. Civ. P. 24. Thus, insurer's petition for writ of mandamus was denied.
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| City of N. Las Vegas v. Eighth Judicial Dist. Court, No. 46327,
SUPREME COURT OF NEVADA, December 21, 2006, Filed
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Overview: Because a person challenging a planning commission's decision to grant a special use permit was unable to show that her property interests were affected under North Las Vegas, Nev., Mun. Code § 17.28.050(D)(1), a district court did not err by granting extraordinary relief to set aside a reversal of the commission's decision by a city council.
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| Millen v. Eighth Judicial Dist. Court , No. 46001,
SUPREME COURT OF NEVADA, December 21, 2006, Filed
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Overview: The disqualification of the wife's attorney, a former judge, from representing her was inappropriate under Nev. Code Jud. Conduct Canon 3(E) because her attorney was improperly listed on the divorce judge's recusal list and because her attorney was not chosen in order to disqualify the divorce judge and obstruct the court's calendar.
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| Mitchell v. State, No. 45341,
SUPREME COURT OF NEVADA, December 21, 2006, Filed
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Overview: Appellant filed an untimely, second post-conviction petition for a writ of habeas corpus; all of his claims were barred by Nev. Rev. Stat. §§ 34.726, 34.810, except his claim that he was actually innocent of aiding or abetting attempted murder with the use of a deadly weapon. The State conceded that he lacked the specific intent to kill.
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| Richards v. Republic Silver State Disposal, Inc., No. 44131,
SUPREME COURT OF NEVADA, December 21, 2006, Filed
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Overview: Because the independent contractor's employee's negligence claims were related to a risk arising out of his performance of the work for which the independent contractor was licensed and hired by the owner to perform, the owner was entitled to property owner immunity under Nev. Rev. Stat. § 616B.630.
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| Rocker v. KPMG LLP, No. 44384,
SUPREME COURT OF NEVADA, December 21, 2006, Filed
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Overview: Court erred in dismissing consumers' action against accounting company because while consumers failed to state their claim of fraud with particularity under Nev. R. Civ. P. 9(b), relaxed standard of pleading under Fed. R. Civ. P. 9(b) was applicable because facts necessary for pleading with particularity were peculiarly within company's knowledge.
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| Rosas v. State, No. 43691,
SUPREME COURT OF NEVADA, December 21, 2006, Filed
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Overview: Defendant's conviction of battery upon an officer under Nev. Rev. Stat. § 200.481 was reversed because the trial court erred by refusing to instruct the jury of the lesser-included offense of resisting a public officer under Nev. Rev. Stat. § 199.280 as defendant was not required to admit culpability of battery upon an officer.
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