Nevada Supreme Court issues 2 opinions in civil cases

The Court issued its last published opinion in a criminal case on January 14, 2010.  That case involved the publication of a previously unpublished order.  The last original opinion in a criminal case was issued on December 10, 2009.

For those interested in civil cases, here you go:

Easton Business Opportunities v. Town Executive Suites-Eastern Marketplace - "This dispute involves a commission claimed under an exclusive right-to-sell brokerage agreement for the sale of a business.  After a bench trial, the district court ruled in favor of the seller and against the broker's assignee.  It found the assignment ineffective and the commission unrecoverable, based on the broker's breach of an implied duty to have given the seller a list of the people to whom the broker had shown the business, to whom the seller could not sell during the extension period without incurring liability for a commission.  The agreement, as written, supports the opposite result and should have been upheld.  Upholding the commission claim makes it necessary to reach the assignee's fraudulent conveyance claims, as to which unresolved issues of fact remain.  Accordingly, we reverse and remand."

State, DMV v. Taylor-Caldwell - In this appeal, we confirm that a single test to determine the concentration of alcohol in a person's breath will require revocation of a driver's license.  We conclude that while NRS 484.386(1) requires that two consecutive samples of breath be taken to provide an evidentiary basis for the concentration of alcohol in a person's breath, NRS 484.384 does not require that the two consecutive samples be over the legal limit to mandate revocation; only one valid sample must be over the legal limit in order for the Department of Motor Vehicles (DMV) to revoke a driver's license.  The requirements in NRS 484.386(1) that two samples be taken and that the test results be within 0.02 of each other is merely an evidentiary requirement to validate the test.