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BERKSON v. LEPOME

No. 49261.

245 P.3d 560 (2010)

Marilyn BERKSON, an Individual; and Gertrude Malacky, an Individual, Appellants, v. Robert C. LEPOME, individually and as Husband of Barbara Lepome; Barbara Lepome, Individually and as Wife of Robert C. Lepome; John Gorman, Esq.; Howard Bloom; and Richard Donaldson, Esq., Respondents.

Supreme Court of Nevada.

December 16, 2010.

Attorney(s) appearing for the Case

Cary Colt Payne , Las Vegas; Bruce L. Gale , Las Vegas, for Appellants.

Marquis & Aurbach and Terry A. Coffing , Micah S. Echols , and Lisa A. McClane , Las Vegas, for Respondents.

Before the Court En Banc.

OPINION

By the Court, HARDESTY, J.:

For the first time, we consider NRS 11.340, a statute enacted by the Legislature in 19112 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 statute violates the separation of powers doctrine because it unconstitutionally interferes with the judiciary's authority to...

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