Wednesday, November 3, 2021 - Carson City - Full Court

CARUSO (SAMUEL) VS. DIST. CT. (STATE)
Docket Number: 82362
Carson City - 1:30 P.M. - Full Court

This original petition for a writ of mandamus or prohibition challenges the district court’s decision denying Samuel Caruso’s separation-of-powers motion arising from the dual service of Melanie Scheible as a legislator and deputy district attorney.

ISSUES:

Issues: Whether: (1) dual service violates the separation-of-powers clause, and (2) petitioner has a plain, speedy and adequate remedy by way of a direct 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

NEV. POLICY RESEARCH INST. VS. CANNIZZARO
Docket Number: 82341
Carson City - 2:00 P.M. - Full Court

This is an appeal from a district court order dismissing a complaint for declaratory and injunctive relief on the basis that appellant lacks standing to challenge the legislators’ dual employment with the executive and legislative branches under the separation of powers doctrine.  Appellant filed a complaint seeking a declaration that the legislators’ dual employment with the executive branch violated the separation-of-powers clause and sought an injunction prohibiting the legislators from maintaining their dual employment.  Appellant filed a motion to disqualify respondents’ counsel.  The Nevada Legislature moved to intervene as a defendant.  Respondents moved to dismiss the claim for lack of standing.  The district court denied appellant’s motion to disqualify respondents’ counsel, granted the Legislature’s motion to intervene as a defendant, and granted respondents’ motion to dismiss.

ISSUES:

On appeal, appellant argues it has standing; the district court abused its discretion by granting the Legislature’s motion to intervene; and the district court abused its discretion by denying appellant’s motion to disqualify respondents’ counsel.

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

VAN LEUVEN VS. PUB. EMPLOYEES' RETIREMENT SYS. OF NEV.
Docket Number: 81566
Carson City - 3:30 P.M. - Full Court

This is an appeal from a district court order dismissing a petition for a writ of mandamus in an employment matter. Christopher Van Leuven, employee of respondent the Town of Pahrump (“the Town”), filed a writ of mandamus seeking to compel respondent PERS to require the Town to pay PERS contributions on Van Leuven’s behalf for time during which he was wrongfully terminated.

ISSUES:

The issues on appeal are whether: (1) Van Leuven is entitled to the writ relief he requests in his petition, (2) the settlement agreement bars his writ petition, (3) the doctrine of issue preclusion bars his writ petition, (4) the separation of powers doctrine bars his writ petition, (5) Van Leuven has an adequate remedy at law, (6) Van Leuven has standing to assert writ relief.

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