Thursday September 8 2022 - Full Court

Freeman Expositions, LLC vs. District Court (Roushkolb)
Docket Number: 83172
Carson City - 1:30 pm - Full Court

This original petition for a writ of mandamus or other extraordinary relief centers around the question of whether an employer may lawfully terminate an employee who holds a valid medical marijuana registry card and tests positive for marijuana when screened after a workplace accident.

ISSUES:

Freeman filed its petition for a writ of mandamus or other extraordinary relief, presenting the following issues: 1) Did the district court err by denying Freeman’s motion to dismiss Roushkolb’s claim for unlawful employment practices under NRS 613.333?; 2) Did the district court err by denying Freeman’s motion to dismiss Roushkolb’s claim for tortious discharge?; 3) Did the district court err by denying Freeman’s motion to dismiss Roushkolb’s claim for negligent hiring, training, and supervision?; 4) Did the district court err by denying Freeman’s motion to dismiss Roushkolb’s claim for violation of the medical needs of an employee pursuant to NRS 453A.010 et. seq.?

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

Martin vs. Martin
Docket Number: 81810 / 82517
Carson City - 2:00 pm - Full Court

These are consolidated appeals from a district court order regarding enforcement of military retirement benefits and an order after hearing, awarding attorney fees, in divorce proceedings. When the parties divorced in 2015, they agreed to a provision in their decree of divorce which stated, “Should Erich select to accept military disability payments, Erich shall reimburse Raina for any amount that her share of the pension is reduced due to the disability status.” After Erich opted for full military disability pay and asserted that federal law did not require him to reimburse Raina, Raina moved to enforce the decree of divorce. The district court enforced the decree of divorce and granted Raina pendente lite attorney fees.

ISSUES:

The issues before this court are (1) whether the district court erred by enforcing the decree of divorce under contract principles and res judicata; and (2) whether the district court abused its discretion by ordering pendente lite attorney fees.

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

Yafchak vs South Las Vegas Medical Investors
Docket Number: 82746
Carson City - 3:00 pm - Full Court

Appellant argues that the district court erred when it dismissed its complaint for failure to provide an affidavit in accordance with NRS 41A.071, based upon the court’s application of this court's recent opinion in Estate of Curtis v. South Las Vegas Medical Investors, LLC, 136 Nev. 350, 466 P.3d 1263 (2020).

ISSUES:

The issues on appeal are whether the district court erred when it dismissed appellant’s complaint because (1) appellant was excused from complying with NRS 41A.071’s affidavit requirement, (2) compliance was unnecessary because appellant’s allegations sounded in ordinary negligence and, therefore, were not subject to the requirements of NRS 41A.071, and (3) requiring the Estate to submit an expert affidavit defeated the purpose of Nevada’s elder abuse statute.

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