April 9, 2024, Oral Arguments
Nevins, M.D. vs. Martyn C/w 85247
Las Vegas– 1:30 p.m. – Full Court
State, B.D. of Pharmacy vs. Cannabis Equity and Inclusion CMTY. c/w 86128
Las Vegas– 2:30 p.m. – Full Court
Schools Over Stadium, vs. Thompson (Ballot Issue)
Las Vegas– 3:30 p.m. – Full Court
Nevins, M.D. vs. Martyn C/w 85247
Docket No. 85193/85541
Las Vegas– 1:30 p.m. – Full Court
These appeals and cross-appeals arise from a medical malpractice action. Dr. Russell Nevins injured Marilyn Martyn during surgery. The case went to trial in 2015, but had to be retried due to jury misconduct. The jury subsequently found in favor of Martyn, awarding Martyn attorney fees and costs. This case raises the following issues: (1) whether the district court erred in reducing Martyn’s damages pursuant to NRS 41A.035; (2) whether the district court abused its discretion in reducing the expert witness fee award pursuant to NRS 18.005(5); (3) whether the district court erred in declining to apply NRS 41A.100(3) to preclude a res ipsa loquitur jury instruction; (4) whether the district court abused its discretion in denying Nevins’ request for a protective order; (5) whether the district court abused its discretion in denying Nevins’ request for a new trial based on jury misconduct; (6) whether the district court abused its discretion in weighing the Beattie factors to award attorney fees based on offers of judgment; (7) whether the district court abused its discretion in weighing the Brunzell factors in awarding attorney fees; and (8) whether the district court erred in interpreting NRS 7.095 to exclude Nevins, Ltd. and Nevada Orthopedic from the application of that statute.
State, B.D. of Pharmacy vs. Cannabis Equity and Inclusion CMTY. c/w 86128
Docket No. 85756
Las Vegas– 2:30 p.m. – Full Court
The Cannabis Equity and Inclusion Community and Antoine Poole petitioned for a writ of mandamus and declaratory relief against the State of Nevada Board of Pharmacy, seeking to invalidate NAC 453.510, which lists marijuana, cannabis, and cannabis derivatives as Schedule I controlled substances. The district court granted petitioners’ requested relief, and the Board appeals. On appeal, the Board argues that the district court incorrectly construed NAC 453.510 as in conflict with article 4, section 38 of the Nevada Constitution and contrary to NRS 453.166. Additionally, the Board challenges the propriety of writ relief, petitioners’ standing, and the district court’s award of attorney fees and costs to petitioners.
Schools Over Stadium, vs. Thompson (Ballot Issue)
Docket No. 87613
Las Vegas– 3:30 p.m. – Full Court
The Legislature adopted SB 1 during the 35th Special Session of the Nevada Legislature in 2023. SB 1 concerns the construction of a Major League baseball stadium in Clark County. A few months later, appellants filed a referendum petition with the Secretary of State's office to repeal multiple portions of SB 1, specifically those portions related to state funding of the project and financing arrangements. Respondents filed the underlying action to enjoin appellants from circulating the petition and the Secretary of State from placing the petition on the 2024 ballot. The district court granted respondent's request for injunctive relief concluding that the petition's description of effect was legally insufficient and that the petition was constitutionally required to include the entirety of SB 1, not just the provisions the petition sought to repeal. Issues: (1) Was the description of effect legally insufficient? (2) Is a referendum required to include the entirety of the statute it is challenging if it only intends to repeal certain sections of that statute?