Oral argument calendar: July 6

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Bayerische Motoren Werke (BMW) v. Roth (Alyson),
Docket Nos. 50262/52496
Carson City - 10:00 a.m. - Full court
This case arises from a car accident in Clark County. Alyson Roth was a passenger in her own vehicle, which was being driven by Jennifer Stapleton, when the vehicle rolled over and crashed. Roth was ejected from the car and severely injured. Roth sued the car manufacturer, BMW, alleging various vehicle defects, including a defective seat belt assembly. While Nevada law generally prohibits the admission of evidence regarding the nonuse of a seat belt, the trial judge permitted BMW to use seat belt evidence for the limited purpose of refuting Roth's claim that the seat belt assembly was defective and caused her injuries. The jury found that the BMW vehicle was not defective but that the driver, Stapleton, was negligent. Roth moved for a new trial, arguing that BMW exceeded the allowed use of the seat belt evidence. The district court granted the motion for a new trial as to both BMW and Stapleton. As a sanction for attorney misconduct, the district court directed BMW to pay both Roth and Stapleton their attorney fees and costs for the first trial. ISSUES: Did the district court err in granting a new trial? If a new trial was appropriate, did the district court err in directing BMW to pay Roth's and Stapleton's attorney fees and costs? Did the district court err in excluding evidence that BMW complied with Federal Motor Vehicle Safety Standards?

Ford (Jerome) v. State of Nevada,
Docket No. 52272
Carson City - 11:30 a.m. - Full court
Jerome Ford was arrested during a "sting" operation on Las Vegas Boulevard South after he approached an undercover police officer who was dressed as a prostitute and, after a brief exchange, pitched the services he had to offer as a pimp. Ford was eventually convicted of pandering. ISSUES: Is Nevada's pandering statute, NRS 201.300, unconstitutionally overbroad and/or vague? Was there sufficient evidence supporting Ford's conviction?


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This page contains a single entry by JoNell published on July 6, 2010 9:54 AM.

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