Latest 2 Cases: Nautilus Insurance Co. v. Access Medical, LLC (Contracts), Fausto v. Sanchez-Flores (Personal Injury)

The Oprah Interview as a Truth Commission

LESLEY WEXLER

Illinois Law professor Lesley Wexler explains how Oprah’s interview with Prince Harry and Meghan Markle might illuminate how a formal truth commission to deal with legacies of racism and colonialism might function in the British empire. Professor Wexler describes the purpose and function of state-operated truth commissions and notes the similarities and differences between those and the interview.

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Nautilus Insurance Co. v. Access Medical, LLC

Citation: 137 Nev. Adv. Op. No. 10

Opinion Date: March 11, 2021

Judge: Stiglich

Areas of Law: Contracts, Insurance Law

The Supreme Court answered a certified question under Nev. R. App. P. 5 concerning an insurer's right to reimbursement, holding that when a party to a contract performs a challenged obligation under protest and a court subsequently determines that the contract did not require performance, the party may generally recover in restitution, thus giving effect to the terms of the parties' bargain. Insurer filed this declaratory judgment action seeking reimbursement of expenses it had occurred in defending Insured against a suit by a third party. The district court concluded that Insurer was not entitled to reimbursement. The Ninth Circuit Court of Appeals affirmed, concluding that the suit did not trigger a duty to defend. The Supreme Court accepted a certified question from the Ninth Circuit regarding the issue. The Supreme Court then held (1) no contract governed the right to reimbursement in this case; and (2) under the principle of unjust enrichment, a party that performs a disputed obligation under protest and does not in fact have a duty to perform is entitled to reimbursement.

Fausto v. Sanchez-Flores

Citation: 137 Nev. Adv. Op. No. 11

Opinion Date: March 11, 2021

Judge: James W. Hardesty

Areas of Law: Personal Injury

The Supreme Court held that the two-year limitations period of Nev. Rev. Stat. 11.190(4)(e) for commencing actions to recover for personal injuries or wrongful death is subject to equitable tolling and that Appellant failed to demonstrate that her circumstances warranted equitable tolling of section 11.190(4)(e). Plaintiff filed a civil torts complaint two and a half years after an alleged sexual assault occurred, alleging that Defendant sexually assaulted her. Defendant filed a motion to dismiss based on Nev. Rev. Stat. 11.190(4)(e), which imposes a two-year limitations period for wrongful death and personal injury claims. In response, Plaintiff argued that the limitations period should be tolled. The district court granted Defendant's motion, finding that equitable tolling of the statute of limitations did not apply. The Supreme Court affirmed, holding (1) section 11.190(4)(e) is subject to equitable tolling; but (2) Plaintiff failed to meet the relevant tolling factors in this case.