fact-intensive inquiry (Nevada) · Go Syfert
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fact-intensive inquiry in Nevada

15 Nevada opinions name it 2 courts 2011–2025 7 in the last five years

The cases below were cited by Nevada courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
United States v. Allan Gale Cleavelandgreen
ca9 · 1995 · cited in 5 Nevada opinions naming this issue, 2018–2018
2 sentences

2018And it is the defendant's burden to establish "government involvement in a private search." United States v. Cleaveland, 38 F.3d 1092, 1093 (9th Cir. 1994).

2018"This is a fact-intensive inquiry that is guided by common law agency principles." United States v. Jarrett, 338 F.3d 339 , 344 (4th Cir. 2003) (internal quotation marks omitted). *959 And it is the defendant's burden to establish "government involvement in a private search." United States v. Cleaveland, 38 F.3d 1092 , 1093 (9th Cir. 1994).

45
United States v. William Adderson Jarrettgreen
ca4 · 2003 · cited in 5 Nevada opinions naming this issue, 2018–2018
2 sentences

2018"This is a fact-intensive inquiry that is guided by common law agency principles." United States v. Jarrett, 338 F.3d 339, 344 (4th Cir. 2003) (internal quotation marks omitted).

2018"This is a fact-intensive inquiry that is guided by common law agency principles." United States v. Jarrett, 338 F.3d 339 , 344 (4th Cir. 2003) (internal quotation marks omitted). *959 And it is the defendant's burden to establish "government involvement in a private search." United States v. Cleaveland, 38 F.3d 1092 , 1093 (9th Cir. 1994).

45
City of Sparks v. Sparks Municipal Courtgreen
nev · 2013 · cited in 3 Nevada opinions naming this issue, 2024–2025
2 sentences

2025Ct., 129 Nev. 348, 362-63 , 302 P.3d 1118, 1128-29 (2013) (discussing overlapping constitutional powers and conducting a fact-intensive analysis to determine if the city’s assumption of power infringed on the municipal court’s constitutional powers).

2025Ct., 129 Nev. 348, 362-63 , 302 P.3d 1118, 1128-29 (2013) (discussing overlapping constitutional powers and conducting a fact-intensive analysis to determine if the city’s assumption of power infringed on the municipal court’s constitutional powers).

23
Brown v. Tennessee Department of Finance & Administrationgreen
ca6 · 2009 · cited in 2 Nevada opinions naming this issue, 2022–2022
2 sentences

2022Brown v. Tenn. Dep't of Fin. & Admin., 561 F.3d 542, 545 (6th Cir. 2009) ("Whether prospective enforcement is no longer equitable under Rule 60(b)(5) is a fact-intensive inquiry within the broad equitable powers of a district court.").

2022Brown v. Tenn. Dep't of Fin. & Admin., 561 F.3d 542, 545 (6th Cir. 2009) ("Whether prospective enforcement is no longer equitable under Rule 60(b)(5) is a fact-intensive inquiry within the broad equitable powers of a district court.").

22
Blue Diamond Coal Co. v. Trustees of the Umwa Combined Benefit Fund, (99-6110), Secretary of Health and Human Services, (99-6111)green
ca6 · 2001 · cited in 2 Nevada opinions naming this issue, 2022–2022
2 sentences

2022Blue Diamond Coal Co. v. Trs. of UMWA Combined Benefit Fund, 249 F.3d 519, 529 (6th Cir. 2001) (providing that courts must "intensively balance numerous factors" when considering FRCP 60(6)(6)'s application); cf. McClendon, 132 Nev. at 330, 372 P.3d at 494.

2022Blue Diamond Coal Co. v. Trs. of UMWA Combined Benefit Fund, 249 F.3d 519, 529 (6th Cir. 2001) (providing that courts must "intensively balance numerous factors" when considering FRCP 60(6)(6)'s application); cf. McClendon, 132 Nev. at 330, 372 P.3d at 494.

22
Wynn v. Smithgreen
nev · 2001 · cited in 1 Nevada opinions naming this issue, 2021–2021
2 sentences

2021Wynn v. Smith, 117 Nev. 6, 13 , 16 P.3d 424, 428 (2001).

2021Wynn v. Smith, 117 Nev. 6, 13 , 16 P.3d 424, 428 (2001).

11
PIH Beaverton, LLC v. Super One, Inc.green
or · 2014 · cited in 1 Nevada opinions naming this issue, 2021–2021
2 sentences

2021PIH Beaverton, LLC v. Super One, Inc., 323 P.3d 961, 971 (Or. 2014) (examining record evidence of occupancy and completion notice in determining whether an improvement was substantially complete).

2021PIH Beaverton, LLC v. Super One, Inc., 323 P.3d 961, 971 (Or. 2014) (examining record evidence of occupancy and completion notice in determining whether an improvement was substantially complete).

11
United States v. Ginglen, Williamgreen
ca7 · 2006 · cited in 1 Nevada opinions naming this issue, 2018–2018
1 sentence

2018When determining whether the requisite agency relationship exists, the majority of the federal courts of appeals that have addressed the issue have held two factors should be considered: "(1) whether the government knew of and acquiesced in the intrusive conduct, and (2) whether the party performing the search intended to assist law enforcement efforts or to further his own ends." United States v. Miller, 688 F.2d 652 , 657 (9th Cir. 1982) (internal quotation marks omitted); see also United States v. Ginglen, 467 F.3d 1071 , 1074 (7th Cir. 2006) ; United States v. Alexander , 447 F.3d 1290 , 1

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Nevada. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Park v. Bd. of Trs. of the Cal. State Univ. green
cal · 2017
2 sentences

2018While we recognize appellants' argument that any such evidence should already be in respondent's possession, see id., we also recognize respondent's argument that determining respondent's solvency is a fact-intensive inquiry.

2018While we recognize appellants' argument that any such evidence should already be in respondent's possession, see id., we also recognize respondent's argument that determining respondent's solvency is a fact-intensive inquiry.

22018–2018
United States v. Bradley Joseph Steiger green
ca11 · 2003
1 sentence

2018When determining whether the requisite agency relationship exists, the majority of the federal courts of appeals that have addressed the issue have held two factors should be considered: "(1) whether the government knew of and acquiesced in the intrusive conduct, and (2) whether the party performing the search intended to assist law enforcement efforts or to further his own ends." United States v. Miller, 688 F.2d 652 , 657 (9th Cir. 1982) (internal quotation marks omitted); see also United States v. Ginglen, 467 F.3d 1071 , 1074 (7th Cir. 2006) ; United States v. Alexander , 447 F.3d 1290 , 1

12018–2018
United States v. Mary Jane Jenkins, Evan Peter Pigman, Jo Ann Rochelli, David Carl Stubbs, Rickie Herbert Ranney, and Larry Wayne Malady green
ca5 · 1995
1 sentence

2018When determining whether the requisite agency relationship exists, the majority of the federal courts of appeals that have addressed the issue have held two factors should be considered: "(1) whether the government knew of and acquiesced in the intrusive conduct, and (2) whether the party performing the search intended to assist law enforcement efforts or to further his own ends." United States v. Miller, 688 F.2d 652 , 657 (9th Cir. 1982) (internal quotation marks omitted); see also United States v. Ginglen, 467 F.3d 1071 , 1074 (7th Cir. 2006) ; United States v. Alexander , 447 F.3d 1290 , 1

12018–2018
United States v. Alexander green
ca10 · 2006
1 sentence

2018When determining whether the requisite agency relationship exists, the majority of the federal courts of appeals that have addressed the issue have held two factors should be considered: "(1) whether the government knew of and acquiesced in the intrusive conduct, and (2) whether the party performing the search intended to assist law enforcement efforts or to further his own ends." United States v. Miller, 688 F.2d 652 , 657 (9th Cir. 1982) (internal quotation marks omitted); see also United States v. Ginglen, 467 F.3d 1071 , 1074 (7th Cir. 2006) ; United States v. Alexander , 447 F.3d 1290 , 1

12018–2018
United States v. Howard Eugene Miller green
ca9 · 1982
1 sentence

2018When determining whether the requisite agency relationship exists, the majority of the federal courts of appeals that have addressed the issue have held two factors should be considered: "(1) whether the government knew of and acquiesced in the intrusive conduct, and (2) whether the party performing the search intended to assist law enforcement efforts or to further his own ends." United States v. Miller, 688 F.2d 652 , 657 (9th Cir. 1982) (internal quotation marks omitted); see also United States v. Ginglen, 467 F.3d 1071 , 1074 (7th Cir. 2006) ; United States v. Alexander , 447 F.3d 1290 , 1

12018–2018
United States of America, Appellee/cross-Appellant v. Michael Allen Malbrough, Appellant/cross-Appellee green
ca8 · 1990
1 sentence

2018When determining whether the requisite agency relationship exists, the majority of the federal courts of appeals that have addressed the issue have held two factors should be considered: "(1) whether the government knew of and acquiesced in the intrusive conduct, and (2) whether the party performing the search intended to assist law enforcement efforts or to further his own ends." United States v. Miller, 688 F.2d 652 , 657 (9th Cir. 1982) (internal quotation marks omitted); see also United States v. Ginglen, 467 F.3d 1071 , 1074 (7th Cir. 2006) ; United States v. Alexander , 447 F.3d 1290 , 1

12018–2018
UNITED STATES of America, Plaintiff-Appellee, v. Anthony Oh YOUNG, Defendant-Appellant green
ca9 · 1998
1 sentence

2018When determining whether the requisite agency relationship exists, the majority of the federal courts of appeals that have addressed the issue have held two factors should be considered: "(1) whether the government knew of and acquiesced in the intrusive conduct, and (2) whether the party performing the search intended to assist law enforcement efforts or to further his own ends." United States v. Miller, 688 F.2d 652 , 657 (9th Cir. 1982) (internal quotation marks omitted); see also United States v. Ginglen, 467 F.3d 1071 , 1074 (7th Cir. 2006) ; United States v. Alexander , 447 F.3d 1290 , 1

12018–2018
Cervantes v. Health Plan of Nevada, Inc. green
nev · 2011
2 sentences

2011In a recent opinion, Cervantes v. Health Plan of Nevada, 127 Nev. 789 , 263 P.3d 261 (2011), we concluded that these same claims were preempted; however, this is a fact-intensive inquiry because ERISA preemption is dependent on the actual operation of a state statute.

2011In a recent opinion, Cervantes v. Health Plan of Nevada, 127 Nev. 789 , 263 P.3d 261 (2011), we concluded that these same claims were preempted; however, this is a fact-intensive inquiry because ERISA preemption is dependent on the actual operation of a state statute.

12011–2011

Statutes the citing opinions construe

NV § Nev. Rev. Stat. § 236.015 (3) NV § Nev. Rev. Stat. § 236.025 (3) NV § Nev. Rev. Stat. § 286.025 (3) NV § Nev. Rev. Stat. § 286.460 (3) NV § Nev. Rev. Stat. § 286.551 (3) NV § Nev. Rev. Stat. § 288.150 (3) USC § 5u.s.c.6103 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TN 113 (2000–2026) AZ 76 (1995–2026) TX 68 (1996–2026) LA 51 (1997–2025) IL 47 (2004–2026) CA 42 (2002–2026) PA 37 (2005–2026) UT 29 (1991–2025) DE 25 (2016–2026) NC 24 (2006–2026) NY 23 (1998–2026) CT 22 (2004–2025) CO 21 (1998–2026) FL 21 (1992–2026) MI 20 (2005–2026) SC 20 (2001–2026) RI 19 (2002–2022) WI 19 (1999–2024) OH 18 (2000–2025) MS 17 (1993–2023) IA 17 (2001–2025) IN 16 (2012–2026) NV 15 (2011–2025) NM 14 (1998–2023) MT 12 (1989–2019) DC 12 (1996–2022) OR 12 (1998–2026) ME 11 (2002–2023) WA 10 (2008–2024) GA 10 (2005–2026) MD 9 (1995–2024) WY 8 (1996–2025) MA 8 (2001–2024) HI 8 (2020–2026) ID 7 (2006–2026) MN 7 (1988–2025) OK 6 (1995–2026) AR 6 (2005–2025) KY 5 (2009–2026) AK 4 (2002–2023) NJ 4 (2012–2021) VA 4 (2009–2024) AL 4 (2009–2015) ND 3 (2014–2022) MO 3 (2009–2018) KS 3 (2020–2024) VT 3 (2009–2026) NE 3 (2018–2021) VI 2 (2011–2013) GU 2 (2021–2022) WV 2 (2016–2023) NH 2 (2004–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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