MALCO ENTER. OF NV, INC. v. WOLDEYOHANNES

140 Nev. Adv. Op. No. 76

• Court: Nevada Supreme Court
• Decided: December 5, 2024
• Docket: 85978
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MALCO ENTERPRISES OF NEVADA, Case No.: 85978 INC., Electronically Filed Dec 13 2024 09:59 AM Appellant, Elizabeth A. Brown vs. Clerk of Supreme Court

ALELIGN WOLDEYOHANNES, RESPONDENT’S Respondent. MOTION TO ISSUE THE DECEMBER 5, 2024 OPINION AS A PUBLISHED OPINION

BRADLEY J. MYERS, ESQ. Nevada Bar No.: 8857 MICHAEL C. KANE. ESQ. Nevada Bar No.: 10096 BRANDON A. BORN, ESQ. Nevada Bar No. 15181 THE702FIRM 8335 West Flamingo Road Las Vegas, Nevada 89147 Telephone: (702) 776-3333 Facsimile: (702) 505-9787 E-Mail: service@the702firm.com

Jonathan L. Hilton, Esq. Nevada Bar No. 16889 Hilton Parker LLC Tel: (614) 992-2277 Fax: (614) 927-5980 7658 Slate Ridge Blvd. Reynoldsburg, OH 43068 jhilton@hiltonparker.com www.hiltonparker.com Attorneys for Respondent Alelign Woldeyohannes

Docket 85978 Document 2024-47847 NRAP 26.1 DISCLOSURE STATEMENT

The undersigned counsel of record certifies that the following are

persons and entities as described in NRAP 26.1(a) and must be disclosed.

These representations are made in order that the Justices of this Court may

evaluate possible disqualification or recusal.

1. Alelign Woldeyohannes is an individual.

2. The702Firm represents Alelign Woldeyohannes in this Court

and represented him before the District Court; Jonathan Hilton,

Esq. of Hilton Parker LLC also represents him before this Court

only.

DATED this 11th day of December, 2024.

THE702FIRM

/s/ Brandon A. Born ________________________________ BRADLEY J. MYERS, ESQ. Nevada Bar No.: 8857 MICHAEL C. KANE. ESQ. Nevada Bar No.: 10096 BRANDON A. BORN, ESQ. Nevada Bar No. 15181 THE702FIRM 8335 West Flamingo Road Las Vegas, Nevada 89147

[2] RESPONDENT’S MOTION TO REISSUE THE DECEMBER 5, 2024 OPINION AS A PUBLISHED OPINION

Pursuant to NRAP 36(f), Respondent Alelign Woldeyohannes

respectfully moves this Court to publish its December 5, 2024 opinion.

I. Introduction.

This Court’s opinion addresses the critical intersection of Nevada’s

financial responsibility laws and federal preemption under the Graves

Amendment. The opinion warrants publication because it provides

essential guidance on a matter of significant public importance and resolves

a novel federal preemption question.

II. Legal Standard.

A motion to publish must be filed within 14 days of the Court’s

decision. NRAP 36(f). This Court may publish a decision if it:

(A) Presents an issue of first impression;

(B) Alters, modifies, or significantly clarifies a rule of law previously announced by either the Supreme Court or the Court of Appeals; or

(C) Involves an issue of public importance that applies to other cases.

NRAP 36(c).

If new issues would be discussed during revision of the unpublished

decision, then publication is disfavored. NRAP 36(f)(4).

[3] III. Argument.

This Court’s order—which thoroughly considers all the issues—can be

converted into a published opinion without revisions. The opinion warrants

publication under NRAP 36(c)’s criteria.

Issue of First Impression. The opinion resolves a matter of first

impression regarding whether NRS 482.305 is preempted by the Graves

Amendment, codified at 49 U.S.C. § 30106(b)(1) and (2). This Court held that

NRS 482.305 is a financial responsibility law preserved by the Graves

Amendment's saving clause. (Opinion at 14–15.)

The Court held that NRS 482.305 is a financial responsibility law

because it requires rental car companies to ensure their vehicles are

minimally insured, rather than merely encouraging or inducing them to do

so. (Id. at 9–10.) This analysis will provide crucial guidance to Courts and

practitioners dealing with the same or similar preemption issues around the

country, and publishing the opinion will provide stability and certainty to

Nevada rental car businesses.

Clarifies a rule of law. The opinion clarifies the scope and application

of Nevada’s financial responsibility laws in the context of short-term vehicle

rentals, holding that NRS 482.305 operates as a financial responsibility law

[4] rather than a vicarious liability statute. (Opinion at 14–15.) Therefore, the

Nevada statute is not preempted because it falls within the Graves

Amendment’s savings clause. (Id.)

Additionally, this Court’s opinion builds on its previous decision in

Hall v. Enterprise Leasing Company-West, clarifying that although Hall was

decided before the Graves Amendment, its analysis still applies. (Id. at 13.)

The opinion makes clear that Hall’s interpretation of NRS 482.305 still stands

and was not overturned by Congress. Publishing the opinion would help

clear up confusion among Nevada’s District Courts and provide guidance to

the rental car industry.

Involves an issue of great public importance. The opinion answers a

key question: Can Nevada require rental car companies to provide

minimum insurance coverage before unleashing their fleets onto public

highways? Because Nevada is a high-tourism state, the ability of injured

residents to recover damages from out-of-state drivers is particularly

important. Representative Graves wanted injured members of the public to

have recourse, and publishing this Court’s opinion would ensure that

happens in this State. See (id. at 5.)

[5] IV. Conclusion.

Because the opinion meets the standards for publication under

NRAP 36 and would provide valuable guidance to the bench and bar of

Nevada, Respondent Alelign Woldeyohannes respectfully requests that this

Court designate its opinion filed on December 5, 2024 for publication.

Dated: December 11, 2024

/s/ Brandon A. Born ________________________________ BRADLEY J. MYERS, ESQ. Nevada Bar No.: 8857 MICHAEL C. KANE. ESQ. Nevada Bar No.: 10096 BRANDON A. BORN, ESQ. Nevada Bar No. 15181 Las Vegas, Nevada 89147

Jonathan L. Hilton, Esq. Nevada Bar No. 16889 Hilton Parker LLC Tel: (614) 992-2277 Fax: (614) 927-5980 7658 Slate Ridge Blvd. Reynoldsburg, OH 43068 jhilton@hiltonparker.com www.hiltonparker.com

[6] CERTIFICATE OF COMPLIANCE

I, Brandon A. Born, do hereby certify that this motion contains fewer

than ten pages, as required by NRAP 27(d)(2).

/s/ Brandon A. Born

CERTIFICATE OF SERVICE

I do hereby certify that on December 11, 2024, I submitted the

foregoing Respondent’s Motion to Reissue the December 5, 2024 Opinion as

a Published Opinion for filing via the Court’s eFlex electronic filing system.

Electronic notifications will be sent to the following:

Tamer B. Botros (Malco Enterprises of Nevada, Inc.) Renee M. Finch (Messner Reeves LLP) Steven G. Knauss (Messner Reeves LLP) Scott L. Rogers (Former) (Messner Reeves LLP)

/s/ Amber Mann an Employee of The702Firm