Monday, September 13, 2021 - Las Vegas-J. Parraguirre, J. Stiglich, and J. Silver
DEBIPARSHAD, M.D. VS. DIST. CT. (LANDESS)
Docket Number: 81596
Las Vegas - 10:00 A.M. - Southern Nevada Panel
Real party in interest Jason George Landess (also known as Kay George Landess) asserted medical malpractice claims against petitioners Dr. Kevin Paul Debiparshad and Dr. Jaswinder S. Grover and their respective professional entities (collectively, Debiparshad) for a misaligned tibia that allegedly occurred during a surgery performed by Dr. Debiparshad. During trial, a voluminous exhibit was entered that included an email with racist content that was authored by Landess. Landess moved for a mistrial due to the defense’s use of the email, which Judge Rob Bare orally granted. Judge Bare postponed his decision on whether to award attorney fees and costs due to the mistrial. Days later, Debiparshad filed a motion to disqualify Judge Bare under NCJC Canon 2, Rule 2.11 based on Judge Bare’s favorable comments about Landess’s counsel during argument over Landess’s motion to strike the email. Approximately two weeks after Debiparshad filed the disqualification motion, Judge Bare entered a written order granting the mistrial. Less than a week later, Judge Weise granted Debiparshad’s motion to disqualify Judge Bare. Thereafter, the case was assigned to respondent Judge Kerry Earley who awarded Landess costs under NRS 18.070(2), finding that Debiparshad “purposefully caused a mistrial.”
ISSUES:
After Debiparshad’s motion for relief from the mistrial order was denied, Debiparshad filed this original petition for a writ of mandamus challenging the district court’s denial of relief from the mistrial order and the award of costs as a sanction pursuant to NRS 18.070(2).
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
PEREZ VS. TALLEY
Docket Number: 79094
Las Vegas - 11:30 A.M. - Southern Nevada Panel
Appeal from a district court judgment upon a jury verdict, order denying a motion for a new trial, and order granting costs in a negligence action.
ISSUES:
The primary issues on appeal are whether: (1) the district court committed the civil equivalent of structural error in its handling of appellant's Batson v. Kentucky, 476 U.S. 79 (1986), objection to respondent’s use of four peremptory challenges, (2) the district court erred in allowing deposition testimony from a responding police officer to be read to the jury and further erred in changing a word the officer used, (3) concealed juror bias warrants a new trial, and (4) attorney misconduct warrants a new trial.
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