Thursday, September 5, 2019 - Carson City - Full Court
William J. Raggio Family Trust vs. Dist. CT. (Righetti)
Docket Number: 76582
Carson City - 10:00 a.m. - En Banc
This is an original writ petition challenging a district court’s order compelling discovery of a sub-trust of which real parties in interest, the remainder beneficiaries of a separate sub-trust, are not beneficiaries.
ISSUES:
Petitioner Dale Checket Raggio argues that the district court erred in finding that discovery of the related sub-trust was relevant, as there was no duty under NRS 163.4175, the terms of the trust, or general fiduciary duties for Dale to consider the related sub-trust before spending from the sub-trust of which real parties in interest are remainder beneficiaries.
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
Toll vs. Dist. Ct. (Gilman)
Docket Number: 78333
Carson City - 10:30 a.m. - En Banc
This is an original petition for a writ of prohibition or mandamus challenging a discovery ruling in a tort action. Sam Toll runs a website/blog, thestoreyteller.online, where he writes about and satirizes current events that take place in Virginia City. Toll published many articles in his blog that are critical of Storey County Commissioner Lance Gilman. Gilman filed a defamation suit against Toll, and Toll responded with an anti-SLAPP motion. The district court granted Toll’s anti-SLAPP motion in part and ordered limited discovery for Toll’s statements involving whether Gilman lived in Storey County. During discovery, Toll refused to name his confidential sources, invoking NRS 49.275. Gilman filed a motion to compel, and the district court granted this motion to compel, holding that NRS 49.275 does not apply to online blogs. Toll now petitions this court for a writ of mandamus.
ISSUES:
Whether (1) the district court erred by holding that NRS 49.275 does not apply to reporters for online blogs; and (2) the district court abused its discretion by ordering limited discovery.
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
Benko vs. Quality Loan Serv. Corp.
Docket Number: 73484
Carson City - 11:30 A.M. - En Banc
Appellants sued respondents in a class action in district court, alleging consumer fraud and unjust enrichment and arguing respondents—deed of trust trustees—acted as collection agencies and were therefore required to be licensed under the NRS Chapter 649 collection agency statutes.
ISSUES:
The respondents moved for dismissal on the grounds that NRS Chapter 107 covered their role as trustees; thus, NRS Chapter 649 did not apply and they were not required to be licensed as collection agencies. The district court agreed that the respondents were not engaged in collection activities and dismissed the case. Appellants now challenge the district court’s dismissal.
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