Appellate Procedure Cases
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Appellate Procedure

Nevada Supreme Court
Uncategorized

Rocha v. DHHS — Missing Party in Judicial Review Caption Strips Court of Jurisdiction Under NAPA

The Nevada Supreme Court vacated and remanded with instructions to dismiss, holding en banc that while a party may challenge a district court’s jurisdiction over a first petition for judicial review in a subsequent NAPA petition, the subsequent petition must itself strictly comply with NRS 233B.130(2)(a) by naming all parties of record. Rocha’s second petition, which named DHHS but not the Personnel Commission, was jurisdictionally defective from the outset, and a belated amendment could not cure the defect.

Nevada Supreme Court
Uncategorized

Lytle v. September Trust — Actual Billing Rate Controls Lodestar Calculation Unless Discounted for Public Interest

The Nevada Supreme Court reversed a 43 percent markup on an attorney fee award under NRS 22.100(3), holding that for a paying client with private counsel at a freely negotiated hourly rate, the billed rate presumptively establishes the market rate for lodestar calculations. A district court may award a higher rate only when the applicant demonstrates the firm discounted its rates for pro bono or public-interest representation — a finding that the firm “could have charged more” is insufficient.

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