Henriod Stern
Let's Connect
Decisions

Read the opinion,
not the adjective.

Published decisions of the Nevada Supreme Court, the Nevada Court of Appeals, and the Ninth Circuit in which a Henriod Stern lawyer was counsel of record, grouped by subject. Each entry says what the court held, in one line. Where the holding was one of first impression, we say so, because the court did.

JH Joel Henriod  ·  AS Ariel Stern  ·  Outcomes are stated as the court stated them, including the ones that went against our clients.

Commercial, Real Property & Construction
Products, Mass Tort & Catastrophic Injury
Health Care & Professional Liability
Insurance & Coverage
Lending & Foreclosure
Government, Regulatory & Public Law

Commercial, Real Property & Construction

Panorama Towers Condo. Unit Owners’ Ass’n v. Hallier

JH
137 Nev. 660, 498 P.3d 222 (2021)
Retroactive extension of the repose period was a change in controlling law warranting relief from summary judgment in a luxury high-rise defect case.

Nelson v. Burr

JH
138 Nev. 847, 521 P.3d 1207 (2022)
Transactional-malpractice claims over spendthrift trusts and marital property agreements were not tolled by the litigation-malpractice rule.

Cohen v. Padda

JH
First impression
138 Nev. 149, 507 P.3d 187 (2022)
A suspended attorney could collect pre-suspension fees under a dissolution agreement; fee-sharing clarified.

Yount v. Criswell Radovan, LLC

JH
136 Nev. 409, 469 P.3d 167 (2020)
A purported counterclaim for interference was not tried by implied consent in a real-estate venture dispute.

Okada v. Eighth Judicial District Court

JH
First impression
134 Nev. 6, 408 P.3d 566 (2018)
The gaming privilege did not retroactively shield discovery requested before its enactment, in the Wynn Resorts governance dispute.

Badger v. Eighth Judicial District Court

JH
132 Nev. 396, 373 P.3d 89 (2016)
Strict six-month deadline for deficiency applications after foreclosure; relation-back and consolidation cannot cure lateness.

Bullion Monarch Mining v. Barrick Goldstrike Mines

JH
First impression
131 Nev. 99, 345 P.3d 1040 (2015)
The rule against perpetuities does not apply to area-of-interest mining royalty agreements. Certified question.

JED Property v. Coastline RE Holdings

JH
131 Nev. 91, 343 P.3d 1239 (2015)
Trustee’s-sale notice requirement is triggered only if the sale’s date, time, or place changes after the third oral postponement.

U.S. Bank v. Palmilla Development Co.

JH
131 Nev. 72, 343 P.3d 603 (2015)
A receiver’s sale is a “foreclosure sale”; the six-month deficiency clock runs from the close of escrow.

Otak Nevada, LLC v. Eighth Judicial District Court

JH
First impression
129 Nev. 799, 312 P.3d 491 (2013)
A good-faith settlement bars all contribution and indemnity claims regardless of label, in construction-site fatality litigation.

Mountain View Recreation v. Imperial Commercial Cooking Equipment

JH
129 Nev. 413, 305 P.3d 881 (2013)
Venue transfer based on courtroom facilities was an abuse of discretion in a large construction-fire case.

Gallegos v. Malco Enterprises of Nevada

JH
127 Nev. 579, 255 P.3d 1287 (2011)
A judgment debtor’s causes of action are assignable personal property in supplementary proceedings.

Reyburn Lawn & Landscape Designers v. Plaster Development Co.

JH
127 Nev. 331, 255 P.3d 268 (2011)
Indemnity clause did not cover the contractor’s own negligence; duty-to-defend and causation left for the jury in a subdivision defect case.

Terracon Consultants Western v. Mandalay Resort Group

JH
125 Nev. 66, 206 P.3d 81 (2009)
Adopted the economic-loss doctrine to bar negligence claims against design professionals in commercial construction.

Anse, Inc. v. Eighth Judicial District Court

JH
124 Nev. 862, 192 P.3d 738 (2008)
Subcontractors had standing to seek mandamus; subsequent owners may pursue Chapter 40 construction-defect remedies.

D.R. Horton, Inc. v. Eighth Judicial District Court

JH
First impression
123 Nev. 468, 168 P.3d 731 (2007)
HOA pre-litigation notices: expert extrapolation allowed if it meets a reasonable threshold and the underlying opinions are disclosed.

Western Technologies v. All-American Golf Center

JH
122 Nev. 869, 139 P.3d 858 (2006)
Engineer entitled to an offset for retaining-wall defects under the Uniform Joint Obligations Act.

Shuette v. Beazer Homes Holdings

JH
121 Nev. 837, 124 P.3d 530 (2005)
Class certification unwarranted in construction-defect litigation; courts must determine the reasonableness of fee requests; prejudgment interest applies to defect damages.

Products, Mass Tort & Catastrophic Injury

Adkins v. Union Pacific Railroad Co.

JH
140 Nev. Adv. Op. 48, 554 P.3d 212 (2024)
Revived the toxic-exposure claims of more than 150 Clark County Government Center workers: the discovery rule applies to the two-year personal-injury statute even though it does not say so.

Cox v. Copperfield

JH
138 Nev. 235, 507 P.3d 1216 (2022)
Defense verdict in the David Copperfield show-injury trial sustained; impeachment video admissible; “payoff” comment improper but cured.

Evans-Waiau v. Tate

JH
138 Nev. 423, 511 P.3d 1022 (2022)
Defense verdict in an auto case upheld; standards clarified on attorney misconduct, comparative-negligence instructions, and medical-necessity testimony.

Motor Coach Industries, Inc. v. Khiabani

JH
137 Nev. 416, 493 P.3d 1007 (2021) (en banc)
Fatal bus-bicycle collision: failure-to-warn liability and loss-of-support damages upheld; settlement offset ordered; special-verdict and causation standards clarified.

Republic Silver State Disposal v. Cash

JH
136 Nev. 744, 478 P.3d 362 (2020)
A settling tortfeasor may pursue contribution against a treating physician alleged to have aggravated the injury.

Khoury v. Seastrand

JH
132 Nev. 520, 377 P.3d 81 (2016)
Voir dire on specific verdict amounts is within the court’s discretion; treating-physician, neurosurgical, and lien evidence addressed.

Rish v. Simao

JH
132 Nev. 189, 368 P.3d 1203 (2016)
Low-impact collision defense: a qualified medical expert suffices and no biomechanical engineer is required; $2.7 million prove-up judgment reversed.

Michaels v. Pentair Water Pool & Spa

JH
131 Nev. 804, 357 P.3d 387 (Ct. App. 2015)
Exploding pool-filter case: detailed findings required when denying a new trial for attorney misconduct.

Sadler v. PacifiCare of Nevada

JH
130 Nev. 990, 340 P.3d 1264 (2014)
Recognized negligence claims seeking medical monitoring without present physical injury in the unsafe-injection litigation.

Torres v. Goodyear Tire & Rubber Co.

JH
130 Nev. 22, 317 P.3d 828 (2014)
No statutory authorization for compound post-judgment interest after a catastrophic rollover verdict.

Café Moda, LLC v. Palma

JH
128 Nev. 78, 272 P.3d 137 (2012)
Under the comparative-fault statute a negligent restaurant was severally liable for its 20 percent share, not jointly liable with the intentional tortfeasor.

Sicor, Inc. v. Hutchison; Sicor, Inc. v. Sacks

JH
127 Nev. 904, 266 P.3d 608; 127 Nev. 896, 266 P.3d 618 (2011)
Hepatitis-exposure propofol litigation: denial of venue change for adverse publicity upheld after voir dire; an order deferring a venue motion is not appealable.

Wyeth v. Rowatt

JH
126 Nev. 446, 244 P.3d 765 (2010)
Hormone-therapy litigation: $57.8 million punitive award affirmed after remittitur; FDA compliance is not a shield to punitive liability.

Bahena v. Goodyear Tire & Rubber Co.

JH
126 Nev. 243, 235 P.3d 592; on reh’g 126 Nev. 606, 245 P.3d 1182 (2010)
Discovery sanction striking the answer upheld; $30 million compensatory award affirmed; punitive-liability procedure clarified.

Morsicato v. Sav-On Drug Stores

JH
121 Nev. 153, 111 P.3d 1112 (2005)
Pharmacy-malpractice action: speculative causation testimony inadmissible.

Health Care & Professional Liability

UnitedHealthcare Insurance Co. v. Fremont Emergency Services (Mandavia)

JH
First impression
141 Nev. Adv. Op. 29, 570 P.3d 107 (2025)
ERISA preemption rejected; unjust-enrichment claim recognized for EMTALA-mandated emergency providers; $60 million punitive award reduced; Prompt Pay and UCPA limits clarified.

Yafchak v. South Las Vegas Medical Investors

JH
138 Nev. 729, 519 P.3d 37 (2022)
Elder-abuse and wrongful-death claims are not automatically subject to the medical-malpractice affidavit requirement.

Teva Parenteral Medicines v. Eighth Judicial District Court

JH
137 Nev. 51, 481 P.3d 1232 (2021)
Negligence claims over single-use vials sold for multi-patient use were not federally preempted.

Estate of Curtis v. South Las Vegas Medical Investors

JH
136 Nev. 350, 466 P.3d 1263 (2020)
Morphine given to the wrong patient was ordinary negligence requiring no expert affidavit; failures to monitor sounded in professional negligence.

Segovia v. Eighth Judicial District Court

JH
133 Nev. 910, 407 P.3d 783 (2017)
Amendments adding physician assistants to the liability-limiting statute did not apply retroactively.

Jitnan v. Oliver

JH
127 Nev. 424, 254 P.3d 623 (2011)
Challenge-for-cause error in jury selection identified but held harmless; guidance on juror-bias analysis.

Insurance & Coverage

Nautilus Insurance Co. v. Access Medical

JH
First impression
137 Nev. 96, 482 P.3d 683 (2021)
An insurer that reserved rights and funded a defense may recoup defense costs after a no-duty-to-defend ruling. Certified question.

Nalder v. Eighth Judicial District Court

JH
136 Nev. 200, 462 P.3d 677 (2020)
Insurer could not intervene post-default in the tort action; limited intervention allowed in the collection case.

Century Surety Co. v. Andrew

JH
First impression
134 Nev. 819, 432 P.3d 180 (2018)
An insurer that breaches the duty to defend may be liable for consequential damages beyond policy limits. Amicus counsel for three national insurer associations. Certified question.

Federal Insurance Co. v. Coast Converters

JH
130 Nev. 960, 339 P.3d 1281 (2014)
Coverage for defective product turned on timing: extra-expense after manifestation, finished-stock property coverage before; business-interruption limits clarified.

Physicians Insurance Co. of Wisconsin v. Williams

JH
First impression
128 Nev. 324, 279 P.3d 174 (2012)
A news report of a dentist’s arrest was not a “claim” triggering coverage under a claims-made professional liability policy.

Lending & Foreclosure

U.S. Bank, N.A. v. Thunder Properties, Inc.

AS
138 Nev. 16, 503 P.3d 299 (2022) (en banc)
A lender’s challenge to an HOA foreclosure sale is a quiet-title action governed by the four-year catch-all limitations period, which runs not from the sale itself but from notice that the lien is being repudiated. Certified questions.

7510 Perla Del Mar Ave Trust v. Bank of America, N.A.

AS
136 Nev. 62, 458 P.3d 348 (2020)
A promise to pay once the amount is determined is not a valid tender, but an HOA agent’s known policy of rejecting superpriority payments excused formal tender. Judgment for the lender affirmed.

Dowers v. Nationstar Mortgage, LLC

AS
852 F.3d 964 (9th Cir. 2017)
A lender’s nonjudicial foreclosure activity is not “debt collection” under the FDCPA’s general provisions, a rule the Supreme Court later adopted nationally. Argued.

SFR Investments Pool 1, LLC v. Bank of New York Mellon

AS
134 Nev. 483, 422 P.3d 1248 (2018)
The due-process challenge to Nevada’s HOA-lien statute, with the Nevada Legislature as amicus.

West Sunset 2050 Trust v. Nationstar Mortgage, LLC

AS
134 Nev. 352, 420 P.3d 1032 (2018)
An HOA’s failure to give notice of default to the deed-of-trust holder’s predecessor did not invalidate its foreclosure sale, and selling its right to collect assessments did not cost the HOA standing to foreclose. Reversed.

Carrington Mortgage Holdings, LLC v. R Ventures VIII, LLC

AS
134 Nev. 301, 419 P.3d 703 (2018)
An HOA foreclosure sale conducted in violation of the bankruptcy automatic stay is void; quiet-title judgment for the purchaser reversed.

Ditech Financial, LLC v. Buckles

JH
133 Nev. 493, 401 P.3d 215 (2017)
Nevada’s two-party-consent wiretap statute does not reach recordings made outside Nevada. Certified question.

Department of Business & Industry v. TitleMax of Nevada

JH
137 Nev. 540, 495 P.3d 506 (2021); 135 Nev. 336, 449 P.3d 835 (2019)
Title-loan duration limits: grace-period deferments and “refinance” structures were prohibited extensions; collateral-value caps clarified.

Government, Regulatory & Public Law

Mass Land Acquisition, LLC v. District Court (Sierra Pacific Power)

JH
140 Nev. Adv. Op. 67, 557 P.3d 493 (2024)
An investor-owned utility’s eminent-domain power upheld against the constitution’s private-takings restriction.

Cegavske v. Hollowood

JH
138 Nev. 498, 512 P.3d 284 (2022)
Mandamus compelled the Secretary of State to honor withdrawals of ballot-initiative petitions.

Southwest Gas Corp. v. Public Utilities Commission

JH
138 Nev. 37, 504 P.3d 503 (2022)
Rate-case review: no constitutional-fact doctrine; substantial-evidence deference; expense disallowances affirmed.