Monday, February 7, 2022 - Full Court

City of Boulder City vs. BFE, LLC
Docket Number: 81036
Las Vegas - 1:30 pm - Full Court

The Boulder City Fire Department found that IFC 5704.2.2, which states, “Tank cars and tank vehicles shall not be used as storage tanks,” applied to BFE’s intended use of a 10,000-gallon tank vehicle at the Boulder City Municipal Airport.

ISSUES:

BFE obtained a preliminary injunction against enforcement, and the City of Boulder City and Boulder City Fire Department appealed, asserting the injunction was improper and they have immunity.

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

Plumbers Local Union 519 Pension Trust Fund vs. Ergen
Docket Number: 81704
Las Vegas - 2:00 pm - Full Court

This case involves a shareholder derivative action brought against respondent DISH Network and its board members and directors. The complaint alleged  claims for breach of the fiduciary duties of loyalty and good faith, corporate waste, and unjust enrichment, related to respondents allegedly allowing the company and its agents to repeatedly violate the Telephone Consumer Protection Act (TCPA) and the 2009 Assurance of Voluntary Compliance (AVC) between DISH and the attorney generals of 46 states, which resulted in two large damages awards against DISH—a $65 million award in a North Carolina court and $280 million in an Illinois court. In response to the derivative action, DISH first filed a motion to dismiss then established a Special Litigation Committee (SLC) to investigate the claims. The district court proceedings were stayed while the SLC conducted its investigation. The SLC ultimately concluded that respondents had an objectively reasonable belief that they and the company were complying with the law and moved for summary judgment, which the district court appears to have treated as a motion to defer to the SLC's findings and recommendations. The district court found the SLC to be independent, and that the SLC conducted a good faith, thorough investigation and granted deference to the SLC's recommendation that the claims be dismissed. The district court later entered a judgment dismissing the complaint with prejudice. Appellants now appeal.

ISSUES:

The central issues presented are: (1) what evidentiary standard applies to determine the independence and good faith of an SLC in the district court; (2) whether this SLC was independent and its investigation was in good faith and thorough.

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