Berkson v. LePome
Nevada Supreme Court
1Opinion of the Court
*494OPINION
By the Court,
Hardesty, J.:
For the first time, we consider NRS 11.340, a statute enacted by the Legislature in 19 ll2 that provides a plaintiff whose judgment is subsequently reversed on appeal with the right to file a new action within one year after the reversal. We conclude that this *495statute violates the separation of powers doctrine because it unconstitutionally interferes with the judiciary’s authority to manage the judicial process and this court’s ability to finally resolve matters on appeal by precluding subsequent and repetitive efforts to re-litigate the same claims. As we…
2Cases cited25 opinions
- Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995
- Edwards v. Emperor's Garden RestaurantNevada Supreme Court · 2006
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- Bollinger v. National Fire InsuranceCalifornia Supreme Court · 1944
- Five Star Capital Corp. v. RubyNevada Supreme Court · 2008
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3Cited by19 opinions
- Humphries v. Eighth Judicial District Court of the State of Nevada ex rel. County of ClarkNevada Supreme Court · 2013
- Lawrence Arduini v. IgtCourt of Appeals for the Ninth Circuit · 2014
- Hernandez v. Bennett-HaronNevada Supreme Court · 2012
- North Lake Tahoe Fire Protection District v. Washoe County Board of County CommissionersNevada Supreme Court · 2013
- Emerson v. Eighth Judicial District Court Ex Rel. County of ClarkNevada Supreme Court · 2011
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