Oral argument calendar: July 7

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Lockwood (Joshua) v. State of Nevada,
Docket Nos. 52615/50864
Carson City - 10:00 a.m. - Full court
Joshua Lockwood was convicted of three counts of sexual assault of a child under 16. After his trial, Lockwood moved for a new trial, arguing that a juror had engaged in misconduct by conducting Internet research and, during deliberations, telling the other jurors what she had learned. Lockwood appeals from the judgment of conviction and the order denying his motion for a new trial. ISSUES: Did the district court abuse its discretion by admitting hearsay evidence? Did the district court abuse its discretion by denying the motion for a new trial based on juror misconduct?

In re: Amerco Derivative Litigation,
Docket No. 51629
Carson City - 10:30 a.m. - Full court
This is an appeal from a district court order dismissing a shareholder derivative action. AMERCO is a Nevada corporation whose main operating subsidiary is U-Haul International, Inc. In 2002, Paul Shoen filed a derivative suit against AMERCO and others for breach of fiduciary duty and other claims. Shoen sought to forego the requirement of making a demand upon the board of directors prior to commencement of the action, alleging that such a demand was futile. The district court granted AMERCO's motion to dismiss based on the failure to adequately allege demand futility. After that decision was appealed, this court reversed the district court's decision, clarifying the demand futility standards and remanding for further proceedings. On remand, the district court again granted motions to dismiss the action on the grounds that a 1995 settlement between AMERCO and some of its other shareholders barred the claims in this suit, and that appellants lacked standing to pursue claims on behalf of AMERCO. ISSUES: Did the district court err in concluding that a prior settlement precludes the appellants from pursuing their claims? Did the district court err in concluding that appellants lack standing to pursue their claims?


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This page contains a single entry by JoNell published on July 6, 2010 9:55 AM.

Oral argument calendar: July 6 was the previous entry in this blog.

Nevada Supreme Court issues opinions in 4 civil cases is the next entry in this blog.

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