Oral argument calendar: November 13

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Xtreme Faith Academy v. Landry (Robin)

            Carson City - 10:00 a.m. - Justices Cherry, Saitta, and Gibbons

Xtreme Faith Academy v. Landry (Robin)

Docket No. 52044

This is an appeal and cross-appeal from district court judgments involving a boarding school in White Pine County.  Xtreme Faith Academy, d.b.a. Abundant Life Academy (ALA), operated an unlicensed boarding school.  Robin Landry was the rural manager of the Division of Child Protective Services (CPS) of the State of Nevada.  After receiving a complaint from a parent who had pulled her child from ALA alleging neglect and abuse, CPS began an investigation into the care ALA provided for its students.  In May 2005, following the conclusion of its investigation, CPS removed all 33 students from ALA's facility.  After a hearing, the district court found that reasonable cause did not exist for the removal of the children.  Subsequently, ALA filed a complaint for damages against CPS claiming bad faith, abuse of process, malicious prosecution, intentional interference with contractual relations, kidnapping, and negligence.  CPS filed a motion for summary judgment seeking the dismissal of ALA's claims, and a motion seeking immunity for Landry.  The district court denied immunity for Landry and dismissed all of ALA's causes of action except for abuse of process.  After a trial, a jury awarded money damages in favor of ALA.   However, the district court capped the damages award at $50,000 pursuant to NRS 41.035.  ALA is appealing the district court's order capping damages.  After the trial CPS filed a motion for judgment as a matter of law or, alternatively, for a new trial.  The district court denied CPS's motion.  CPS is appealing the denial of its motion for new trial.  ISSUES:  Did the district court improperly conclude that CPS and Landry were not entitled to immunity pursuant to NRS 41.032?  Did the district court improperly apply the damages cap contained in NRS 41.035?   Did the district court err in denying CPS's and Landry's motion for summary judgment and motion for judgment as a matter of law or, in the alternative, for new trial? 

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This page contains a single entry by JoNell published on November 10, 2009 11:09 AM.

Oral argument calendar: November 12 was the previous entry in this blog.

Nevada Supreme Court issues 3 opinions, removes judge is the next entry in this blog.

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