INTERNATIONAL GAME TECHNOLOGY, INC., A Nevada Corporation; Anchor Coin, Inc., A Nevada Corporation; Spin for Cash Wide Area Progressive, A Nevada Partnership; and State of Nevada, Office of the Attorney General, Petitioners,
v.
THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, in and for the County of Washoe, and the Honorable Peter I. Breen, District Judge, Respondents, and
State of Nevada ex rel. James McAndrews, Real Party in Interest.
State of Nevada, Office of the Attorney General; Amazon.com, Inc.; Borders Group, Inc.; Borders Online, Inc.; Toys "R" US, Inc.; Toysrus.com, Inc.; Target Corporation; Target Direct, LLC; Wal-Mart Stores, Inc.; Wal-mart.com, Inc.; Pacific Sunwear of California, Inc.; Shop Pacsun.com, Inc.; Retail Brand Alliance, A Delaware Corporation, D/B/A Casual Corner Group; Casual Corner Group.com, LLC, A Delaware Corporation; Petsmart, Inc., A Delaware Corporation; Petsmart.com, Inc., A Corporation; and Petsmart Direct, Inc., A Corporation, Petitioners,
v.
The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark, and the Honorable Valorie J. Vega, District Judge, Respondents, and
State of Nevada ex rel. Beeler, Schad & Diamond, P.C., Real Party in Interest.
Supreme Court of Nevada.https://leagle.com/images/logo.png
February 9, 2006.
February 9, 2006.
Attorney(s) appearing for the Case
George Chanos, Attorney General, and Gregory L. Zunino, Senior Deputy Attorney General, Carson City, for Petitioner Attorney General.
Jones Vargas and John P. Desmond and Ryan W. Herrick, Reno, for Petitioners International Game Technology, Anchor Coin, and Spin For Cash Wide Area Progressive.
Fred Hill Atcheson, Reno; John S. Bartlett, Carson City; Mark L. Mausert, Reno, for Real Party in Interest McAndrews.
Hunterton & Associates and Terry J. Care, Las Vegas, for Petitioners Toys "R" Us; Toysrus.com; Retail Brand Alliance, d/b/a Casual Corner Group; Casual Corner Group.com; Petsmart; Petsmart.com; and Petsmart Direct.
Jones Vargas and Gary R. Goodheart and Tamara Beatty Peterson, Las Vegas, for Petitioners Wal-Mart Stores, Wal-mart.com, Target Corporation, Target Direct, Pacific Sunwear of California and Shop PacSun.com.
Lionel Sawyer & Collins and Sarah E. Harmon, Dennis L. Kennedy and Dan R. Reaser, Las Vegas, for Petitioners Amazon.com, Borders Group, and Borders Online.
Jolley Urga Wirth Woodbury & Standish and William R. Urga, Las Vegas, for Real Party in Interest Beeler, Schad & Diamond, P.C.
McDonald Carano Wilson LLP and Jeffrey A. Silvestri, Las Vegas, for Amicus Curiae Nevada Taxpayers' Association.
Before the Court En Banc.
Supreme Court of Nevada.
OPINION
BECKER, J.
These consolidated petitions for extraordinary relief challenge the district courts' refusals to dismiss actions brought under Nevada's False Claims Act (FCA) and present issues of first impression in Nevada. Petitioners assert that the district courts wrongfully applied the "good cause" standard by which the Attorney General may move to dismiss false claims actions instigated by private persons on behalf of the state, because these...
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