Justia Transportation Law Opinion Summaries

Articles Posted in Supreme Court of Nevada
The Supreme Court held that in contested cases before the Nevada Transportation Authority (NTA), arguments not raised during the administrative proceedings are generally waived and that the NTA need not consider arguments raised for the first time at the general session.Appellant received two administrative citations for improperly staging its vehicles at its casino without a charter order, in violation of Appellant's certificate restriction and NAC 706.360. Appellant agreed to the fines, and a hearing officer recommended that the NTA accept Appellant's stipulations and enter the fines against Appellant. Appellant petitioned for judicial review, arguing that its certificate restriction was federally preempted. The district court concluded that the certificate was related to safety and thus not federally preempted. The Supreme Court affirmed, holding (1) Appellant's conclusory assertion of preemption at the NTA general session was insufficient to establish that the NTA lacked subject matter jurisdiction to enforce Appellant's certification restriction; and (2) Appellant waived its preemption argument by entering into the stipulation. View "Highroller Transportation, LLC v. Nev. Transportation Authority" on Justia Law