Board of Review v. Second Judicial District Court

Based on the plain language of Nev. Rev. Stat. 612.530(1), the requirement that all relevant parties be named as defendants must be completed as timely as the rest of the petition.The Board of Review and the Administrator of the Nevada Department of Employment, Training and Rehabilitation, Employment Security Division (ESD) awarded unemployment compensation benefits to Jessica Gerry, a former employee of McDonald’s of Keystone. McDonald’s filed a petition for judicial review of the Board’s decision. The ESD moved to dismiss the petition for judicial review on the ground that the caption failed to identify Gerry as a defendant, rendering the petition defective under Nev. Rev. Stat. 612.530(1). The district court denied the ESD’s motion to dismiss and granted McDonald’s motion to amend, concluding that the naming of all relevant parties as defendants was not a jurisdictional requirement. The Supreme Court granted the ESD’s petition for extraordinary relief, holding that McDonald’s failure to follow the statutory requirements of section 612.530(1) deprived the district court of jurisdiction to hear its petition for judicial review. View "Board of Review v. Second Judicial District Court" on Justia Law