Wednesday, March 10, 2021-Carson City-J. Cadish, J. Pickering, and J. Herndon

PERFORMANCE STEEL, INC. VS. WALLNER TOOLING/EXPAC, INC.
Docket Number: 79569 C/W 79993
Carson City - 10:00 A.M. - Northern Nevada Panel

This is a consolidated appeal from the district court’s (1) order granting respondent attorney fees and costs, and (2) second amended judgment dismissing appellant’s breach of contract claims. Initially, the district court awarded appellant $206,000 in damages and over $661,000 in attorney fees and costs. Respondent appealed, and the Nevada Court of Appeals vacated appellant’s award and remanded the matter to the district court. On remand, the district court entered amended judgment vacating appellant’s contract damages award and affirming appellant’s restitution damages. The district court also awarded respondent $931,768.35 in attorney fees and costs. Six months later, the district court entered its second amended judgment to formally dismiss appellant’s last contract claim.

ISSUES:

Appellant now challenges both the district court’s order awarding respondent attorney fees and costs and its second amended judgment dismissing its contract claims.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: http://caseinfo.nvsupremecourt.us/public/caseSearch.do

S. NEV. ADULT MENTAL HEALTH SERVS. VS. BROWN
Docket Number: 78770
Carson City - 11:00 A.M. - Northern Nevada Panel

This is an appeal from a district court order granting a final judgment after a jury trial in a class action medical malpractice lawsuit. Respondent James Brown alleged claims of medical malpractice, negligence, and negligence per se against appellant Southern Nevada Adult Mental Health Services (SNAMHS) and several its employees. The allegations in Brown’s complaint were based on a claim of improper discharge from psychological treatment by SNAMHS.

ISSUES:

The issues on appeal are whether the district court: (1) erred by allowing the case to proceed to trial on negligence claims that Brown never pleaded against SNAMHS, (2) erred when it concluded that Brown’s negligence claims were not medical malpractice claims, (3) abused its discretion when it certified Brown’s class, (4) abused its discretion when it granted an injunction against SNAMHS, (5) erred when it allowed the jury to award damages for emotional distress, and (6) abused its discretion when it awarded costs for expert testimony and class notice.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: http://caseinfo.nvsupremecourt.us/public/caseSearch.do

iIN RE: A. G.-M.
Docket Number: 81214
Carson City - 1:30 P.M. - Northern Nevada Panel

Petitioner seeks a writ of prohibition or mandamus directing the district court to vacate its order granting petitioner's adult certification and dismissing the juvenile complaint against him for lack of jurisdiction. Petitioner is accused of having sexually assaulted a 15 year old girl when he was 17 years old--in January of 2017. He is also accused of battery by strangulation. However, he was not charged until February 2019. Shortly thereafter, the State sought adult certification, which was granted at the hearing on the matter.

ISSUES:

Problematically, the district court did not enter the order certifying petitioner as an adult until after his 21st birthday. Here, petitioner claims that the district court lacked jurisdiction to enter the order and argues that the complaint against him must be dismissed.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: http://caseinfo.nvsupremecourt.us/public/caseSearch.do