HALEY v. DIST. CT.

No. 57437.

273 P.3d 855 (2012)

Dale E. HALEY, Esq.; Christopher G. Gellner, P.C.; and Christopher G. Gellner, Esq., Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE of Nevada, in and for the COUNTY OF CLARK; and The Honorable Michael Villani, District Judge, Respondents, and Joel D. Orevillo, M.D.; and Stewart Pulmonary Associates, Ltd., d/b/a Pulmonary Associates, Real Parties in Interest.

Supreme Court of Nevada.

April 5, 2012.


Attorney(s) appearing for the Case

Christopher G. Gellner, P.C., and Christopher G. Gellner , Las Vegas; Dale E. Haley , Las Vegas, for Petitioners.

Catherine Cortez Masto , Attorney General, and Robert J. Simon , Deputy Attorney General, Carson City, for Respondents.

Mandelbaum, Ellerton & McBride and Kim I. Mandelbaum , Las Vegas, for Real Parties in Interest.

BEFORE DOUGLAS, HARDESTY and PARRAGUIRRE, JJ.


OPINION

By the Court, PARRAGUIRRE, J.:

In this opinion, we address the scope of a district court's authority to unilaterally modify a settlement agreement under NRS 41.200, Nevada's statute governing the compromise of a minor's claim.

Because NRS 41.200 leaves the allocation of fees and costs to the district court's discretion, we conclude that the district court may adjust the terms of the settlement in accordance with the minor's best interest...

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