Chief Justice Robert E. Rose (Ret.) has served the state of Nevada in all three branches of government. He has been a president of the state senate, Nevada’s lieutenant governor, and a chief justice of the Supreme Court of Nevada. In the last 20 years, he has actively participated in developing Nevada law and shown a strong commitment to establishing fair and expeditious ADR processes throughout the state.
ADR Experience and Qualifications
- Justice Rose handled many mediations on a part-time basis since retiring from the Supreme Court on January 1, 2007
- As Supreme Court Justice, he was a moving force in establishing the Supreme Court Civil Settlement Program that requires all appealed civil cases to go through a mediation process conducted by experienced attorneys. Justice Rose supervised the program for three years from 2003 to 2006 and personally handled several of these mediated cases. The program has settled a majority of the appealed civil cases.
- As Chief Justice, he championed the establishment of a Business Court Track in Las Vegas and Reno emphasizing mediation and arbitration, with the goal to achieve a reliable result in a minimum amount of time. The Business Court Track still flourishes in Reno and Las Vegas.
- As District Judge, he conducted many settlement conferences particularly involving personal injury and medical malpractice cases
- As practicing attorney, he represented both plaintiffs and defendants in business/commercial, construction, medical malpractice, personal injury, and real estate litigation
Representative Matters
Justice Rose has helped decide well over 10,000 cases at the Nevada Supreme Court and participated in more than 1,000 written decisions. A few of the more significant cases are as follows:
Commercial/Business Law
- Cohen v. Mirage Resorts, Inc., 119 NV 1 (2003)
Opinion considered a challenge to a corporate merger by a shareholder for fraud and illegal action and considered the doctrine of shareholder acquiescence – Justice Rose dissented in part
- Mark Properties v. National Title Company, 116 NV. 1158 (2000)
Opinion authored by Justice Rose considers an escrow agent’s duty to disclose suspected fraud
- Moody’s v. Manny’s Auto Repair, 110 NV 320 (1994)
Justice Rose authored this landmark case that held all owners and occupiers of land to a duty of reasonable care to those anticipated to be on the property
- Villagers Builders 96 v. US Laboratories, 121 NV 261 (2005)
Opinion authored by Justice Rose dealt with the liability of a successor corporation that purchases all the assets of another corporation and the de facto merger doctrine
Construction Law Cases
- Albios v. Horizon Communities, Inc., 122 NV Adv. Op. 37 (2006)
Justice Rose authored this opinion concerning a homeowner’s right to prejudgment interest on costs and attorney fees, and successive offers of judgment
- JA Jones Construction v. Lehrer, McGovern Bovis, 120 NV 277 (2004)
Justice Rose joined in this opinion that addressed a “no damages for delay” clause and the contractual abandonment and cardinal change doctrines
- Shuette v. Beazer Holding Ltd., 121 NV. 837 (2005)
Justice Rose joined in this opinion that reviewed the availability of class action status for homeowners and a homeowner’s right to attorneys fees and prejudgment interest
Administrative Law
- City Plan Development v. State, Labor Comr., 121 NV 419 (2005)
Opinion authored by Justice Rose considered the prevailing wage law and the authority of Nevada’s Labor Commissioner
- Health Plan of Nevada v. Rainbow Medical, 120 NV 689 (2004)
Opinion which Justice Rose joined in considered a district judge’s authority to remand an arbitrator’s award for clarification, the manifest disregard of the law claim and issues addressed outside the scope of the governing contract
- Thomas v. City of North Las Vegas Police Officers Association, 122 NV Adv. Op. 9 (2006)
Opinion authored by Justice Rose dealt with the substantial benefit doctrine in awarding attorney fees and an arbitrator’s duty to disclose
General Civil Litigation
- Aviation Ventures v. Joan Morris, Inc., 121 NV 113 (2005)
Opinion authored by Justice Rose dealt with the doctrine of equitable set off for a debt unrelated to the suit and the insolvency of one party
- Doctor’s Company v. Vincent, 120 NV 644 (2004)
Justice Rose joined in the opinion concerning contribution by joint tortfeasors and implied indemnity
- Siragusa v. Brown, 114 NV 1384 (1998)
Opinion authored by Justice Rose dealt with an action for civil conspiracy and the interpretation of Nevada’s civil RICO statute