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ROLF JENSEN & ASSOCIATES v. DIST. CT.

No. 57461.

282 P.3d 743 (2012)

ROLF JENSEN & ASSOCIATES, INC., Petitioner, v. The Eighth Judicial DISTRICT COURT of the State of Nevada, in and for the County of Clark; and the Honorable Elissa F. Cadish, Respondents, and Mandalay Corporation, Real Party in Interest.

Supreme Court of Nevada.

August 9, 2012.

Attorney(s) appearing for the Case

Weil & Drage, APC, and Jean A. Weil , John T. Wendland , and Thomas A. Larmore , Henderson, for Petitioner.

Cotton, Driggs, Walch, Holley, Woloson & Thompson and Dennis R. Haney , Las Vegas; Jones Day and Clark T. Thiel , San Francisco, California, for Real Party in Interest.

Backus, Carranza & Burden and Leland Eugene Backus and Shea A. Backus , Las Vegas; Lloyd, Gray, Whitehead & Monroe, PC, and E. Britton Monroe and R. Burns Logan, Birmingham, Alabama, for Amicus Curiae Halcrow, Inc.

Watt, Tieder, Hoffar & Fitzgerald, LLP, and David R. Johnson and Jared M. Sechrist , Las Vegas, for Amicus Curiae Tishman Construction Corporation of Nevada.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, and Michael M. Edwards , J. Scott Burris , and Chad C. Butterfield , Las Vegas, for Amicus Curiae Converse Professional Group.

BEFORE THE COURT EN BANC.

OPINION

By the Court, SAITTA, J.:

In this original petition for a writ of mandamus, we are asked to consider whether the Americans with Disabilities Act of 1990 (ADA) preempts state law claims for indemnification brought by an admitted violator of the ADA. After examining the purpose and intended effects of the ADA, we conclude that such claims pose an obstacle to the objectives of the ADA and therefore are preempted. Accordingly, we grant the petition...

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