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GARCIA v. PRUDENTIAL INS. CO. OF AMERICA

No. 57779.

293 P.3d 869 (2013)

Kathryn GARCIA, on Behalf of Herself and all Other Similarly Situated Nevada Citizens, Appellant, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Respondent.

Supreme Court of Nevada.

January 31, 2013.

Attorney(s) appearing for the Case

Matthew L. Sharp Ltd. and Matthew L. Sharp , Reno; Law Offices of Curtis B. Coulter P.C. and Curtis B. Coulter , Reno; Parry Deering Futscher & Sparks, PSC, and Ron R. Parry , Covington, Kentucky, for Appellant.

Lewis & Roca, LLP, and Daniel F. Polsenberg , Las Vegas, for Respondent.

Before the Court En Banc.

OPINION

By the Court, DOUGLAS, J.:

In this appeal, we examine whether preclusive effect should be given to an order, entered by a federal district court sitting in diversity, dismissing a complaint without prejudice for failure to state a claim. In doing so, we clarify that our holding in Bower v. Harrah's Laughlin, 125 Nev. 470, 482, 215 P.3d 709, 718 (2009), which broadly required Nevada courts to apply federal...

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