Berkson v. LePome

I would uphold the district court’s dismissal of Berkson’s and Malacky’s second suit based on claim preclusion and leave NRS 11.340 in peace. Though it does not save Berkson and Malacky, NRS 11.340 had useful service left as a statute-of-limitations “savings” or tolling provision and does not deserve to be invalidated on separation of powers grounds. Ironically, the separation of powers offense is ours, in judicially repealing a 150-year-old statute that conventional rules of statutory construction say should survive judicial review.

*5051. Res judicata or claim preclusion

This is the third time…