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News & Articles

In the News

Debbie Leonard’s Analysis of Groundwater Rights Retirement and Groundwater Conservation Easements Presented to Nevada Legislature’s Interim Natural Resources Committee. On May 10, 2024, two matters on which Debbie is working were presented to legislators who are to seeking to find solutions to Nevada’s chronically overpumped aquifers. The first was Debbie’s analysis for The Nature Conservancy (available here:  https://www.leg.state.nv.us/App/InterimCommittee/REL/Document/30417) of potential legislative changes that are needed to reconcile Nevada water law with strategies to encourage groundwater conservation. The second related to Debbie’s work for Central Nevada Regional Water Authority and Humboldt River Basin Water Authority to implement a first-of-its-kind groundwater rights retirement program through the Water Conservation and Infrastructure Initiative (https://www.leg.state.nv.us/App/InterimCommittee/REL/Document/30421). Debbie continues to be involved in projects that employ out-of-the-box approaches to ensure resource sustainability into the future.   

Debbie Leonard Again Teaches District Judges About Newly Issued Appellate Court Decisions.  For the fourth year in a row, , Debbie was invited to speak to the annual gathering of Nevada’s judges, where she presented an update of civil law opinions from the previous year. At the April 12, 2024 Nevada District Court Judges Annual Seminar, Debbie canvassed the new case law in the areas of civil procedure, arbitration, judicial review of administrative agencies, real property, contracts, torts, anti-SLAPP and attorneys’ fees, among other topics. She discussed Nevada’s evolving jurisprudence and the policy implications for litigants and practitioners.

Debbie Leonard Presents at the 2023 Nevada District Court Judges Seminar. Once again, Debbie was invited to speak to the annual gathering of Nevada’s judges, where she presented a Review of Nevada Appellate Civil Opinions from the previous year. The April 28, 2023 presentation focused on recent published decisions of the Nevada Supreme Court and Court of Appeals that discussed the scope of a district court’s discretion in granting injunctions, overseeing discovery, addressing attorney misconduct, and ordering sanctions, among other topics. She also addressed select cases that decided matters of first impression in the areas of state constitutional claims, real property disputes, and statutory interpretation.

Nevada Supreme Court Upholds Diamond Valley Groundwater Management Plan. After her recent success, Debbie Leonard was quoted in The Nevada Independent regarding the impact of the Nevada Supreme Court’s decision on the future of sustainable groundwater use in the State. Read the full article here: https://thenevadaindependent.com/article/justices-uphold-groundwater-plan-in-ruling-that-could-significantly-affect-water-managementefbfbc

Debbie Leonard Presents at the Nevada Judicial Leadership Summit. On May 6, 2022, Debbie gave a presentation entitled Civil Law Update at the Nevada Judicial Leadership Summit at Lake Tahoe, where over 100 members of the Nevada judiciary gathered for a judicial education conference. With an audience of Nevada Supreme Court justices, and judges from the Court of Appeals, District Courts, Municipal Courts, and Justice Courts, Debbie discussed the previous year’s published opinions on an array of topics, including judicial disqualification, arbitration, statutes of limitation and repose, constitutional law, and evidence.

Leonard Law Establishes Upward Bound Scholarship: Debbie recently established a scholarship endowment through the University of Nevada, Reno Foundation for students in the Upward Bound Program. Upward Bound is a college preparatory program for low income students who seek to be the first generation in their families to go to college. The scholarship will support students to further their educational goals and advance themselves personally and professionally.

Leonard Law Ranked by Best Lawyers and U.S. News & World Report. After Debbie was selected by her peers and recognized in The Best Lawyers in America earlier this year, Leonard Law has received tier 1 and 2 metropolitan rankings in the 2022 edition of U.S. News & World Report of the “Best Law Firms.” Firms that receive tier designations are recognized for professional excellence with consistently impressive ratings from clients and peers. Leonard Law was ranked in the areas of Appellate Practice, Commercial Litigation, Land Use and Zoning Law and Litigation - Land Use and Zoning. You can view Leonard Law’s ranking information here.

2021 Edition of Nevada Appellate Practice Manual Published With Debbie Leonard Once Again Serving As Lead Editor. Debbie literally “wrote the book” on appellate practice in Nevada, having served as Lead Editor of the Nevada Appellate Practice Manual since 2016. The State Bar of Nevada recently published the 2021 Edition, which received a rave review in the June 2021 Nevada Lawyer magazine. https://nvbar.org/wp-content/uploads/NevadaLawyer_June2021_Review-Nevada-Appellate-Manual.pdf. The digital download version of the Manual is available for purchase on the State Bar’s website: https://nvbar.org/news-and-publications/resources-2/books-manuals-and-references/#barpubs

Debbie Leonard Once Again Named in Nevada’s Legal Elite in 2021.  Debbie again made the list of top Northern Nevada attorney in the areas water, land and appellate practice. https://www.nevadabusiness.com/2021/06/legal-elite-2021/

Debbie Leonard Presents at the Nevada District Judges Conference. On April 23, 2021, Debbie gave a presentation entitled Civil Law Update to nearly 80 of Nevada’s district court judges as part of the Supreme Court of Nevada’s annual judicial education seminar. The purpose of the seminar was to bring district judges up to speed on the current state of civil law, with Debbie canvassing a year’s worth of Nevada Supreme Court and Court of Appeals published opinions on an array of topics, including claims, discovery, privileges, property, torts, and attorneys’ fees

Debbie Leonard is a Featured Speaker in the University of Nevada’s Career Explorations: Women in STEM Series. On April 28, 2021, Debbie spoke on the topic of Effective Communication & Conflict Resolution to college students who are exploring careers in science, technology, engineering and math. https://cewis.carrd.co/?lor=1&utm_source=mass_mailer&utm_medium=email&utm_content=741549&utm_campaign=uni_targeted_emails

Potential Water Court for Nevada. Debbie was quoted in The Nevada Independent on an anticipated proposal to study whether a water court should be established in the State.  https://thenevadaindependent.com/article/as-sisolak-administration-abandons-move-to-upend-legal-system-for-water-rights-cases-supreme-court-may-study-new-speciality-court

More on the Diamond Valley Groundwater Management Plan. The Nevada Independent recently did an in-depth article on the Diamond Valley Groundwater Management Plan featuring interviews with Debbie’s clients on the importance of their appeal to the Nevada Supreme Court. https://thenevadaindependent.com/article/in-diamond-valley-farmers-are-looking-to-protect-their-future-and-testing-the-limits-of-nevadas-water-laws

Debbie Leonard Named One Of Northern Nevada’s Top Attorneys in 2020. Debbie was recently named one of Northern Nevada’s top attorneys for 2020 in the areas of Appeals, Water & Land and Mediation. Each year Nevada Business Magazine’s Legal Elite showcases Nevada attorneys who have been recognized by their peers for their work and dedication to the legal field. Read the full article here: https://www.nevadabusiness.com/2020/06/legal-elite-2020-the-silver-states-top-attorneys/

Cold Spring Valley Temporary Groundwater Moratorium. Debbie was recently quoted in the Reno Gazette Journal from her presentation at a hearing before the Nevada Division of Water Resources regarding a temporary moratorium on the State Engineer’s development approvals in Cold Spring basin. Read the full article here: https://www.rgj.com/story/news/2020/05/29/stonegate-developers-state-underestimated-water-levels-cold-spring/5263786002/?utm_campaign=snd-autopilot

Diamond Valley Groundwater Management Plan. Debbie was recently quoted in The Nevada Independent regarding the Seventh Judicial District Court’s rejection of the Diamond Valley Groundwater Management Plan. Read the full article here: https://thenevadaindependent.com/article/district-court-judge-strikes-down-state-backed-groundwater-market-for-violating-first-in-time-first-in-right-rule

Recent Successes

Big Win for Diamond Valley Groundwater Management Plan. On June 16, 2022, the Nevada Supreme Court sided with Debbie’s arguments to uphold a first-of-its-kind, community generated groundwater management plan developed for Diamond Valley. The case turned on the meaning of a 2011 law that required the State Engineer to commence curtailment by priority in any chronically overpumped groundwater basin designated a Critical Management Area, unless a majority of water users approved a local groundwater management plan within 10 years of the designation. Reading the statute’s plain language, the Court concluded that such plans could deviate from strict prior appropriation law so long as they meet the statutory criteria. The Diamond Valley plan employs incremental water use reductions in proportion to seniority to bring the aquifer into balance over a 35-year horizon while maintaining the social and economic fabric of Eureka County. A link to the opinion can be found here:

Client’s Cancelled Water Rights Reinstated With Original Priority Dates. On July 8, 2019, the Seventh Judicial District Court of Nevada issued an order restoring the original priority dates for my client’s long-held water permits, which had been cancelled and then reinstated by the State Engineer. The Court agreed with my argument that an equitable remedy was warranted based on my client’s ongoing diligence to use the water, the substantial harm it would suffer if original priority dates were not restored, and the inconsistent noticing procedures by the State Engineer that led to cancellation of the permits in the first place.

Nevada Supreme Court Applies Anti-Speculation Doctrine to Water Permit Extension Requests. I am excited to share my recent big win in the Nevada Supreme Court in a water rights case. As a scarce resource throughout the West, water cannot be held hostage by a would-be appropriator who is speculating on future need. On May 2, 2019, the court took further steps to prevent water profiteering that violates state law and policy.

Publications

Ms. Leonard is a regular contributor to two publications on matters within her areas of practice.

Appeals: Ms. Leonard writes the “Appellate Briefs” column in the Washoe County Bar Association’s publication, The Writ, in which she discusses appellate practice tips, appeal procedures and recent Nevada Supreme Court decisions.

Water Law: Ms. Leonard is on the Editorial Board of the Western Water Law & Policy Reporter, where she writes about trends and developments in Nevada water law.

Links to both publications are available here.

 

The Writ Articles are reprinted with permission below. Western Water Law & Policy Reporter is subscription-based, so articles are not reprinted.

Who is the "Prevailing Party" when there is a Partial Settlement of Competing Claims? - The Writ

 

Nevada law allows the “prevailing party” to recover costs and, in some cases, fees. But it is not always clear who qualifies as the prevailing party. The Supreme Court recently addressed this question in the context of a partial settlement of competing claims, concluding that NRS 18.010(2)(a) and NRS 18.020(3) do not authorize a district court to compare a monetary settlement of one party’s claim against a judgment for damages on another party’s counterclaim in determining the “prevailing party.” See Northern Nevada Homes, LLC v. GL Constr., Inc., 134 Nev. Adv. Op. 60 (August 2, 2018).

Northern Nevada Homes, LLC (“Owner”) sued GL Construction, Inc. (“Contractor”) alleging trespass for dumping dirt and other waste on Owner’s property. Contractor counterclaimed for breach of contract regarding unpaid invoices for excavation work it performed for Owner. The district court bifurcated the case into a jury trial for the trespass-related claims and a bench trial for the counterclaim. During the jury trial, Contractor settled Owner’s trespass-related claims for $362,500. The bench trial on the counterclaim then ensued, with the district court awarding $7,811 in damages to Contractor.

Contractor then moved for $67,595 in attorneys’ fees and $2,497.33 in costs. In opposing that motion, Owner argued that Contractor was not the prevailing party within the meaning of NRS 18.010 and 18.020 because Owner obtained a net recovery in the settlement of its primary claims. The district court rejected this argument and awarded Contractor $10,000 in fees and $390 in costs. In reaching this result, the district court found that the settlement amount – even though it exceeded the counterclaim judgment by more than $350,000 – was not relevant in determining who qualifies as the prevailing party, as that term is used in Nevada’s statutory scheme.

The Supreme Court agreed with the district court’s statutory analysis that one could not be a “prevailing party” unless the action resulted in an actual judgment. In reaching that conclusion, the Court rejected Owner’s reliance on Parodi v. Budetti, 115 Nev. 236, 241, 984 P.2d 172, 175 (1999). There, the Court held that where a jury awards both parties damages, the trial court must offset the damage awards to determine whether the net award meets the statutory requirements. Because Parodi only requires a district court to consider competing judgments for monetary damages, the Supreme Court concluded it did not require that a judgment be compared to a greater a settlement sum.

Although the Court acknowledged that some jurisdictions do recognize a settlement recovery in determining who is the prevailing party, it found no basis in Nevada law to do so. For example, the Court distinguished the statutory purpose underlying California’s comparable statute to that of NRS 18.010(a). While California’s statute has the “basic purpose of imposing costs on the losing party,” the intention of NRS 18.010(2)(a) is “to afford litigants in small civil claims the opportunity to be made whole.” The Court noted that “[a]llowing judgments for damages on distinct counterclaims to be aggregated with distinct settlements would not provide the opportunity for defendants with comparatively small counterclaims to be made whole.” This, the Court believed, undermined the legislative intent of NRS 18.010(2)(a).

As a result, the Court affirmed the fee and cost award in favor of the counterclaimant who successfully recovered an albeit nominal judgment in comparison to the settlement sum paid to the plaintiff.

What is the takeaway from the Northern Nevada Homes decision? Primarily, it appears to be a lesson in how to negotiate a partial settlement. In reaching a settlement on some but not all claims, it would be worthwhile to contemplate how fees and costs on the remaining claims will be addressed. The settling parties can decide whether a net settlement recovery will contractually bar a fee and cost award on the remaining claims, even if the counterclaimant would statutorily be deemed “the prevailing party.” A waiver of a statutory rights to fees and costs on unsettled claims could be part of the consideration for a partial settlement. Or the parties could agree to a cap on any such fee and cost award. Conversely, the settlement sum could take into account the possibility that an adverse fee and cost award might result once the remaining claims are adjudicated. The bottom line is that, when negotiating a partial settlement, there may be more terms to contemplate than just the value of the claims that are being settled.

 
Bill Nutt