In an opinion drafted by Justice Stiglich, the Court reversed the district court’s order granting a motion to dismiss on the basis of claim preclusion. The Court found that proposing a jury instruction cannot be considered raising a claim, even if the jury instruction is similar to the later claim. Further, the Court reiterated that claims must be based on the same facts and alleged wrongful conduct as the first proceeding to be subject to claim preclusion. Where, as the case was here, an action is for declaratory relief, the Court concluded that no wrongdoing has been alleged, so it cannot be based on the same alleged wrongful conduct as the prior proceeding, and thus cannot be precluded.
Coles, Madeleine, "Rock Springs Mesquite II Owners’ Ass’n v. Raridan, 136 Nev. Adv. Op. 28 (May 28, 2020)" (2020). Nevada Supreme Court Summaries. 1304.