recognizing that fraudulent or intentional concealment "The Byrd respondents were not contracted to do anything on the subject property, but were sued under an alter ego theory for Ditch Diggers. 2 Appellants cannot proceed under NRS Chapter 40 because they did not give the required notices. NRS 40.645. SUPREME COURT OF NEVADA 2 (0) I947A requires a duty to disclose the information allegedly concealed
How later courts described this case
- recognizing that fraudulent or intentional concealment "The Byrd respondents were not contracted to do anything on the subject property, but were sued under an alter ego theory for Ditch Diggers. 2 Appellants cannot proceed under NRS Chapter 40 because they did not give the required notices. NRS 40.645. SUPREME COURT OF NEVADA 2 (0) I947A requires a duty to disclose the information allegedly concealed
- concluding that a rheumatologist properly testified as an expert even though his conclusion was based solely on his training and experience and also without addressing whether his conclusion was capable of being tested
- concluding that evidence supported a negligent undertaking claim but not an aiding and abetting claim because there was no evidence the defendant knowingly supported or encouraged fraudulent conduct
- concluding that the district court did not abuse its discretion when it admitted testimony from board-certified medical doctors
Written by the judges who cited it.
Later courts went against this
Overruled in part, on other grounds by Ges, Inc. v. Corbitt, 117 Nev. 265 (2001)
970 P.2d 98 (Nev. 1998), abrogated in part by GES, 21 P.3d at 11
The opinion
Ames, D. L,
concurring:
I concur in the opinion’s analysis and result except that I do not believe the trademark agreement has much, if any, probative value in determining Dow Chemical’s negligent undertaking liability. 1
The Governor appointed the Honorable Jack Ames, District Judge, to sit in the place of The Honorable Cliff Young, Justice, who voluntarily recused himself from participation in the decision of this appeal. Nev. Const. art. 6, § 4.