Monday, November 2, 2020-Carson City-Full Court

DOE DANCER I VS. LA FUENTE, INC.
Docket Number: 78078
Carson City - 10:00 A.M. - En Banc Court

This is an appeal from a district court order granting summary judgment in an employee misclassification class action.  Appellants here, former performers at Cheetah’s Lounge, claim that Cheetah’s ownership mischaracterized them as independent contractors pursuant to Nevada’s minimum wage amendment.  The district court held that (1) NRS 608.0155’s conclusive presumption of independent contractor status, rather than the economic realities test set forth in Terry v. Sapphire, 130 Nev. 879, 336 P.3d 951 (2014), applied to workers seeking relief under the MWA; and (2) under NRS 608.0155, the performers’ work conditions established a conclusive presumption of their status as independent contractors.

ISSUES:

Accordingly, the district court determined that the performers were not entitled to back wages under the MWA, and granted summary judgment to Cheetah’s.  The performers appeal.

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

RICHARDSON (THOMAS) VS. STATE (DEATH PENALTY-PC)
Docket Number: 77176
Carson City - 11:00 A.M. - En Banc Court

Appellant Thomas Richardson was convicted of two counts of first-degree murder, conspiracy to commit murder, robbery with the use of a deadly weapon, burglary with the use of a deadly weapon, and conspiracy to commit robbery. He was sentenced to death for the murders. Richardson’s convictions and sentences were affirmed on direct appeal. He then argued that he received ineffective assistance of trial and appellate counsel. The district court disagreed and denied Richardson’s postconviction petition for a writ of habeas corpus. This appeal followed.

ISSUES:

The primary issues in this appeal are whether Richardson received ineffective assistance of trial and appellate counsel and whether the district court judge should have been disqualified from the postconviction case.

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