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STATE EX REL. MASTO v. SECOND JUDICIAL DIST. CT.

No. 49426.

199 P.3d 828 (2009)

The STATE of Nevada, by its Attorney General, Catherine Cortez MASTO, Petitioner, v. The SECOND JUDICIAL DISTRICT Court of the State of Nevada, in and for the COUNTY OF WASHOE, and the Honorable Brent T. Adams, District Judge, Respondents, and Philip Morris USA; R.J. Reynolds Tobacco Company; Lorillard Tobacco Company; Anderson Tobacco Company LLC; Canary Island Cigar Company; Chancellor Tobacco Company UK Limited; Compania Industrial De Tabacos Monte Paz, S.A.; Daughters and Ryan, Inc.; Farmers Tobacco Company; General Tobacco; House of Prince a/s; International Tobacco Group (Las Vegas), Inc.; Japan Tobacco International USA, Inc.; King Maker Marketing, Inc.; Konci G & D Management; Kretek International; Liberty Brands, LLC; Liggett Group, Inc.; m/s Dhanraj International, Inc.; Pacific Stanford Manufacturing Corporation; Peter Stokkebye International a/s; PT Djarum; Santa Fe Natural Tobacco Company, Inc.; Sherman 1400 Broadway N.Y.C., Inc.; Top Tobacco, L.P.; Virginia Carolina Corporation, Inc.; Von Eicken Group; and Wind River Tobacco Company, LLC, Real Parties in Interest.

Supreme Court of Nevada.

January 29, 2009.

Attorney(s) appearing for the Case

Catherine Cortez Masto, Attorney General, and Victoria Thimmesch Oldenburg, Senior Deputy Attorney General, Carson City, for Petitioner.

Bailey Kennedy and Dennis L. Kennedy, Las Vegas; Kirkland & Ellis and Stephen R. Patton, Chicago, IL, for Real Party in Interest R.J. Reynolds Tobacco.

Guild Russell Gallagher & Fuller and John K. Gallagher, Reno, for Real Parties in Interest Anderson Tobacco Company, Canary Island Cigar Company, Chancellor Tobacco Company UK, Compania Industrial de Tabacos Monte Paz, Daughters & Ryan, House of Prince, International Tobacco Group (Las Vegas), Japan Tobacco International USA, King Maker Marketing, Konci G & D Management, Kretek International, Liberty Brands, Liggett Group, M/S Dhanraj International, Pacific Stanford Manufacturing, Peter Stokkebye International, PT Djarum, Santa Fe Natural Tobacco Company, Sherman 1400 Broadway N.Y.C., Top Tobacco, Virginia Carolina Corporation, Von Eicken Group, and Wind River Tobacco Company.

Holland & Hart, LLP, and J. Stephen Peek, Reno, for Real Party in Interest Lorillard Tobacco Company.

McDonald Carano Wilson, LLP, and Thomas R.C. Wilson II, Reno, for Real Party in Interest Philip Morris USA.

Shea & Carlyon and Candace C. Carlyon and Shawn W. Miller, Las Vegas, for Real Parties in Interest General Tobacco and Farmers Tobacco Company.

BEFORE THE COURT EN BANC.

OPINION

By the Court, CHERRY, J.:

In 1997, the State of Nevada instituted an action against four major tobacco companies stemming from allegations of wrongdoing in the manner that the tobacco companies marketed and advertised their products. The parties ultimately settled during the litigation when, in 1998, they entered into a Master Settlement Agreement (MSA). The MSA is a settlement agreement between tobacco manufacturers and 46 states,

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