Monday, December 6, 2021 - Las Vegas - Full Court
Rives, M.D. vs Farris
Docket Number: 80271 C/W 81052
Las Vegas - 1:30 P.M. - Full Court
These are consolidated appeals and a cross-appeal from a district court final judgment in a medical malpractice action and from a post-judgment order awarding attorney fees and costs.
ISSUES:
On appeal, appellants argue that the district court erred by: (1) allowing respondents to use the reptile theory at trial by suggesting that, regardless of the appropriate standard of care, physicians must make the safest choice; (2) allowing respondents to present prejudicial evidence of a separate medical malpractice case against the physician defendant; (3) giving an adverse inference instruction related to the alleged intentional concealment of the separate malpractice case; (4) improperly applying federal preemption to preclude appellants from introducing evidence of collateral source benefits under NRS 42.021; (5) limiting testimony from and excluding appellants’ expert witnesses; (6) granting judgment as a matter of law in respondents’ favor on damages; (7) excluding some of respondent’s medical records; (8) prohibiting the use of a plaintiff’s expert’s deposition transcript to impeach the expert; (9) allowing evidence that a defense expert had previously been sued for malpractice to be used to cross-examine the expert; and (10) awarding respondents attorney fees and costs. On cross-appeal, respondents argue that the district court erred by reducing their non-economic damages pursuant to NRS 41A.035.
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: https://caseinfo.nvsupremecourt.us/public/caseSearch.do
Shea vs. State
Docket Number: 82118
Las Vegas - 3:00 P.M. - Full Court
This is an appeal from a district court order of dismissal in a civil action seeking declaratory and injunctive relief.
ISSUES:
The issues on appeal are whether: (1) the Nevada Constitution assigns mandatory duties to the Nevada Legislature relating to the administration of education policy for the state; and (2) Shea's claims below, stemming from Art. 11, Secs. 1, 2, and 6 of the Nevada Constitution, present nonjusticiable political questions.
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: https://caseinfo.nvsupremecourt.us/public/caseSearch.do