Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
LAURA PURKETT, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDRA CAMACHO; AND ANTHONY CAMACHO, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE NADIA KRALL, DISTRICT JUDGE, Respondents, PHILIP MORRIS USA, INC., A FOREIGN CORPORATION; R.J. REYNOLDS TOBACCO COMPANY, A FOREIGN CORPORATION, INDIVIDUALLY, AND AS SUCCESSOR-BY-MERGER TO LORILLARD TOBACCO COMPANY AND AS SUCCESSOR-IN-INTEREST TO THE UNITED STATES TOBACCO BUSINESS OF BROWN & WILLIAMSON TOBACCO CORPORATION, WHICH IS THE SUCCESSOR-BY-MERGER TO THE AMERICAN TOBACCO COMPANY; LIGGETT GROUP, LLC., A FOREIGN CORPORATION; AND ASM NATIONWIDE CORPORATION D/B/A SILVERADO SMOKES & CIGARS, A DOMESTIC CORPORATION, Real Parties in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges district court orders granting Real Parties in Interest's motions for summary judgment.
Having considered the petition and supporting documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted. See Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted and providing that an appeal is typically an adequate legal remedy precluding writ relief); Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition).
Specifically, traditional mandamus is not appropriate here because petitioners have a plain, speedy, and adequate remedy in the form of an appeal from a final judgment. See Pan, 120 Nev. at 224, 88 P.3d at 841 (“[T]he right to appeal is generally an adequate legal remedy that precludes writ relief.”). We likewise decline to exercise our discretion to entertain the case under advisory mandamus. See Archon Corp. v. Eighth Jud. Dist. Ct., 133 Nev. 816, 821, 824, 407 P.3d 702, 707, 709 (2017) (recognizing that “[t]he sound exercise of that discretion requires special care in the advisory mandamus context, to avoid subverting the final judgment rule and inviting, rather than avoiding, undue delay and expense in dispute resolution” and discussing the risks entailed by advisory mandamus). We therefore
ORDER the petition DENIED.
Cadish, C.J.
Stiglich, J.
Pickering J.
Herndon, J.
Lee, J.
Parraguirre, J.
Bell, J.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 86501
Decided: May 29, 2024
Court: Supreme Court of Nevada.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)