Nevada Supreme Court oral arguments: May 7

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In Re: T. L, A Child,
Docket No. 53959
Carson City
- 10:00 a.m. - Justices Cherry, Saitta and Gibbons

In this case, the State of Nevada is appealing a Washoe County district court decision not to certify a juvenile, who was seventeen years of age at the time of the alleged crime, as an adult.  The State filed a delinquency petition against the subject minor, T.L., charging him with battery with a deadly weapon.  T.L., who previously had been adjudicated as a delinquent child on a felony charge of maiming an animal, had been placed on probation on that charge and released in September of 2007, but fled and was not located until late January 2009.  He was served with the new delinquency petition the following month. The State then amended the petition to add another charge and sought to certify T.L. as an adult. The juvenile court determined that the certification motion was untimely under WDCR 33(1) and denied the motion on the merits.  The State now appeals.  ISSUES:  Did the juvenile court err in denying the State's motion for certification, which were based on T.L.'s personal traits, the allegations of serious and violent acts, and that T.L had posed a threat in the past?  Did the juvenile court err in determining that dismissal of the State's motion for certification was warranted due to its untimely filing in violation of due process and a local rule?

Manor Health Care Center, Inc. v. Monsour,
Docket No. 52796
Carson City
- 10:30 a.m. - Justices Cherry, Saitta and Gibbons

This is an appeal from a Clark County district court order confirming an arbitration award and entering a final judgment on the award in an elder abuse and wrongful death action. Edward Monsour died while in the care of Manor Health Care Center (MHCC). His estate and heirs sued MHCC for negligence, wrongful death, and statutory violations mandating that the facility provide considerate and respectful care to a vulnerable, elderly person. The parties entered binding arbitration, and the arbitrator found for Monsour's estate and heirs on all causes of action except the wrongful death claim. The arbitrator awarded compensatory damages to Monsour's estate, damages for personal injury and the pain and suffering of Monsour and his heirs, damages for loss of companionship, society, comfort, consortium, and grief and sorrow for Monsour's heirs, and attorney fees. The total damages amounted to $754,431,32. Monsour's estate moved to confirm the arbitration award, but MHCC moved to modify or correct the award.  Senior Judge Stephen Huffaker, the arbitrator, declined to modify the award. MHCC then moved the district court to modify or correct, or vacate the award, but the district court denied MHCC's motion and confirmed the award.  MHCC now appeals.  ISSUES:  Did the district court err when it confirmed the arbitration award and denied MHCC's motions to modify, correct, or vacate the arbitration award?  Did the arbitrator erroneously award damages to parties not entitled to recover under applicable law and impermissibly doubled certain awards of damages and attorney fees? 

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This page contains a single entry by JoNell published on May 3, 2010 9:17 AM.

Nevada Supreme Court oral arguments: May 6 was the previous entry in this blog.

Nevada Supreme Court issues 2 opinions in civil cases is the next entry in this blog.

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