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MDB TRUCKING v. VERSA PRODUCTS COMPANY

No. 75022, No. 75319, No. 75321, No. 76395, No. 76396, No. 76397.

475 P.3d 397 (2020)

136 Nev. Adv. Opn. 72

MDB TRUCKING, LLC, Appellant, v. VERSA PRODUCTS COMPANY, INC., Respondent. MDB Trucking, LLC, Appellant, v. Versa Products Company, Inc., Respondent. MDB Trucking, LLC, Appellant, v. Versa Products Company, Inc., Respondent. MDB Trucking, LLC, Appellant/Cross-Respondent, v. Versa Products Company, Inc., Respondent/Cross-Appellant. MDB Trucking, LLC, Appellant/Cross-Respondent, v. Versa Products Company, Inc., Respondent/Cross-Appellant. MDB Trucking, LLC, Appellant/Cross-Respondent, v. Versa Products Company, Inc., Respondent/Cross-Appellant.

Supreme Court of Nevada.

FILED November 5, 2020.

Attorney(s) appearing for the Case

Clark Hill PLLC and Nicholas M. Wieczorek and Jeremy J. Thompson , Las Vegas; Fox Rothschild LLP and Colleen E. McCarty , Las Vegas, for Appellant/Cross-Respondent.

Lewis Brisbois Bisgaard & Smith LLP and Josh C. Aicklen , Jeffrey D. Olster , David B. Avakian , and Paige S. Shreve , Las Vegas, for Respondent/Cross-Appellant.

BEFORE PICKERING, C.J., PARRAGUIRRE and CADISH, JJ.

OPINION

The district court imposed case-terminating sanctions on appellant MDB Trucking, LLC, for spoliation of evidence. MDB urges that the law does not support this harshest of civil litigation sanctions because: (1) MDB discarded the evidence as irrelevant, not to gain an unfair litigation advantage...

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