Tuesday, September 20, 2016 - Las Vegas - Gibbons/Tao/Silver
Reese vs. Hughes (Child Custody)
Docket Number: 66436
Las Vegas - 1:30 p.m. - Court of Appeals
This is an appeal from a district court order regarding child custody. Following an evidentiary hearing, the district court awarded Respondent primary physical custody and approved her relocation to Texas.
ISSUES:
: (1) Whether the district court erred by declining to make a finding regarding respondent’s alleged domestic violence; (2) Whether the district court erred by declining to make a finding regarding Respondent’s alleged child abduction; and (3) Whether the district court erred by finding that Respondent had a good faith reason for moving to Texas.
Disclaimer:
This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.
Gillespie Office and Sys. Furniture, LLC vs. Council
Docket Number: 67421
Las Vegas - 2:00 p.m. - Court of Appeals
The district court determined appellant Kathy Gillespie created and mailed a postcard that cast respondent Ronni Council, a political consultant as a “loser.” The district court further determined the statements on the postcard were false and disparaging statements of fact that negatively interfered with Council’s business. Accordingly, the district court issued a preliminary injunction forbidding Kathy Gillespie and Gillespie Office and Systems Furniture LLC (d/b/a A&B Printing and Mailing) from creating or distributing the postcard and material “substantially similar” to the postcard.
ISSUES:
(1) Whether the injunction is an unconstitutional prior restraint, (2) whether plaintiffs met the prerequisites for an injunction, and (3) whether the injunction is vague or overbroad.
Disclaimer:
This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.
Estate of Josephine Ruth Stephenson vs. Harrison, M.D.
Docket Number: 68189
Las Vegas - 3:00 p.m. - Court of Appeals
This is an appeal from a district court grant of summary judgment in favor of defendants in a medical malpractice action. Appellant Jerri Talley was 40 weeks pregnant and went to Sunrise Hospital after experiencing abdominal pain, where it was discovered she was in labor. Throughout the night, the labor and delivery team experienced difficulty monitoring the fetal heart rate. Early the following morning, the team could no longer find the fetal heart tones and placed a fetal scalp electrode to more accurately measure the fetus’s heart rate; however, it was discovered the fetus was already deceased. Labor was then induced, and Jerri Talley gave birth to a stillborn infant, Josephine Talley. An autopsy revealed Josephine had suffered from a massive infection that caused her intrapartum death. Appellants brought suit, claiming the failure to place the fetal scalp electrode sooner constituted medical malpractice. Respondents moved for summary judgment, asserting there was no expert testimony establishing that the failure to place a fetal scalp electrode sooner caused the death of Josephine Talley. The district court agreed and granted the motions. On appeal, appellants argue summary judgment was improper because they offered competent expert testimony that, absent malpractice, their daughter Josephine would have at least been born alive.
ISSUES:
Whether the district court erred by holding that appellants failed to establish the necessary causation element of a malpractice claim.
Disclaimer:
This synopsis is intended to provide only general information about this case before the Court of Appeals. It is not intended to be all-inclusive or reflect all positions of the parties.